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90_HB2236eng
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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.
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1 AN ACT to extend the boards of the Marriage and Family
2 Therapy Licensing Act and the Nursing Home Administrators
3 Licensing and Disciplinary Act and the committees of the
4 Illinois Nursing Act of 1987 and the Physician Assistant
5 Practice Act of 1987, concerning regulated professions, and
6 amending named Acts.
7 Be it enacted by the People of the State of Illinois,
8 represented in the General Assembly:
9 Section 5. The Regulatory Agency Sunset Act is amended
10 by changing Section 4.9 and adding Section 4.18 as follows:
11 (5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
12 (Text of Section before amendment by P.A. 89-702)
13 Sec. 4.9. The following Acts are repealed December 31,
14 1997:
15 The Medical Practice Act of 1987.
16 The Illinois Optometric Practice Act of 1987.
17 The Podiatric Medical Practice Act of 1987.
18 The Nursing Home Administrators Licensing and
19 Disciplinary Act.
20 The Physician Assistant Practice Act of 1987.
21 The Illinois Nursing Act of 1987.
22 The Clinical Social Work and Social Work Practice Act.
23 The Clinical Psychologist Licensing Act.
24 The Illinois Speech-Language Pathology and Audiology
25 Practice Act.
26 The Marriage and Family Therapy Licensing Act.
27 (Source: P.A. 89-706, eff. 1-31-97.)
28 (Text of Section after amendment by P.A. 89-702)
29 Sec. 4.9. The following Acts are repealed December 31,
30 1997:
31 The Podiatric Medical Practice Act of 1987.
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1 The Nursing Home Administrators Licensing and
2 Disciplinary Act.
3 The Physician Assistant Practice Act of 1987.
4 The Illinois Nursing Act of 1987.
5 The Clinical Social Work and Social Work Practice Act.
6 The Illinois Speech-Language Pathology and Audiology
7 Practice Act.
8 The Marriage and Family Therapy Licensing Act.
9 (Source: P.A. 89-702, eff. 7-1-97; 89-706, eff. 1-31-97;
10 revised 2-7-97.)
11 (5 ILCS 80/4.18 new)
12 Sec. 4.18. Act repealed on January 1, 2008. The following
13 Act is repealed on January 1, 2008:
14 The Nursing Home Administrators Licensing and
15 Disciplinary Act.
16 The Physician Assistant Practice Act of 1987.
17 The Illinois Nursing Act of 1987.
18 The Marriage and Family Therapy Licensing Act.
19 Section 10. The Acupuncture Practice Act is amended by
20 changing Sections 10, 15, 20, 25, 35, 40, 50, 60, 70, 80, 90,
21 100, 110, 130, 140, 145, 150, 155, 160, 165, 170, 175, 180,
22 185, and 195 and by adding Sections 55, 75, 105, 135, 152,
23 and 154 as follows:
24 (225 ILCS 2/10)
25 Sec. 10. Definitions. As used in this Act:
26 "Acupuncture" means the evaluation or treatment of
27 persons affected through a method of stimulation of a certain
28 point or points on or immediately below the surface of the
29 body by the insertion of pre-sterilized, single-use,
30 disposable needles, unless medically contraindicated, with or
31 without the application of heat, electronic stimulation, or
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1 manual pressure to prevent or modify the perception of pain,
2 to normalize physiological functions, or for the treatment of
3 certain diseases or dysfunctions of the body. Acupuncture
4 does not include radiology, electrosurgery, chiropractic
5 technique, physical therapy, naprapathic technique, use or
6 prescribing of any drugs, medications, herbal preparations,
7 nutritional supplements, serums, or vaccines, or
8 determination of a differential diagnosis. An acupuncturist
9 registered under this Act who is not also licensed as a
10 physical therapist under the Illinois Physical Therapy Act
11 shall not hold himself or herself out as being qualified to
12 provide physical therapy or physiotherapy services. An
13 acupuncturist shall refer to a licensed physician or dentist,
14 any patient whose condition should, at the time of evaluation
15 or treatment, be determined to be beyond the scope of
16 practice of the acupuncturist.
17 "Acupuncturist" means a person who practices acupuncture
18 and who is licensed by the Department has met all
19 requirements as provided in this Act.
20 "Board" means the Board of Acupuncture.
21 "Dentist" means a person licensed under the Illinois
22 Dental Practice Act.
23 "Department" means the Department of Professional
24 Regulation.
25 "Director" means the Director of Professional Regulation.
26 "Physician" means a person licensed under the Medical
27 Practice Act of 1987.
28 "Referral by written order" for purposes of this Act
29 means a diagnosis, substantiated by signature of a physician
30 or dentist, that a patient's condition is such that it may be
31 treated by acupuncture as defined in this Act. The diagnosis
32 shall remain in effect until changed by the physician or
33 dentist who shall maintain management of the patient.
34 "State" includes:
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1 (1) the states of the United States of America;
2 (2) the District of Columbia; and
3 (3) the Commonwealth of Puerto Rico.
4 (Source: P.A. 89-706, eff. 1-31-97.)
5 (225 ILCS 2/15)
6 Sec. 15. Who may practice acupuncture. No person
7 licensed registered under this Act may treat human ailments
8 otherwise than by the practice of acupuncture as defined in
9 this Act; and no person licensed registered under this Act
10 may practice acupuncture on another person without having on
11 file a written referral order from a physician or dentist
12 licensed in Illinois. A physician or dentist licensed in
13 Illinois may practice acupuncture.
14 (Source: P.A. 89-706, eff. 1-31-97.)
15 (225 ILCS 2/20)
16 Sec. 20. Registration; Exempt activities. This Act does
17 not prohibit any person licensed in this State as a dentist
18 or physician from engaging in the practice for which he or
19 she is licensed.
20 (Source: P.A. 89-706, eff. 1-31-97.)
21 (225 ILCS 2/25)
22 Sec. 25. Powers and duties of Department. Subject to
23 the provisions of this Act, The Department shall exercise
24 powers and duties under this Act as follows:
25 (1) Review applications to ascertain the
26 qualifications of applicants for licensure registration.
27 (2) Adopt rules consistent with the provisions of
28 this Act for its administration and enforcement and may
29 prescribe forms that shall be used in connection with
30 this Act. The rules may define standards and criteria
31 for professional conduct and discipline. The Department
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1 shall consult with the Board in adopting rules. Notice
2 of proposed rulemaking shall be transmitted to the Board,
3 and the Department shall review the Board's response and
4 any recommendations made in the response.
5 (3) The Department may at any time seek the advice
6 and the expert knowledge of the Board on any matter
7 relating to the administration of this Act.
8 (3) Submit all registered complaints related to the
9 profession received by the Department to the Acupuncture
10 Examining Committee for review. The Department shall
11 also submit all complaints to the Medical Licensing Board
12 for review.
13 (4) Maintain a list of registered acupuncturists
14 authorized to practice in the State. This list shall
15 show the name of every registrant, his or her last known
16 place of residence, and the date and number of his or her
17 registration. Any interested person in the State may
18 obtain a copy of that list on application to the Director
19 and payment of the required fee.
20 (Source: P.A. 89-706, eff. 1-31-97.)
21 (225 ILCS 2/35)
22 Sec. 35. Board of Acupuncture. The Director shall
23 appoint a Board of Acupuncture to consist of 7 persons who
24 shall be appointed by and shall serve in an advisory capacity
25 to the Director. Four members must hold an active license to
26 engage in the practice of acupuncture in this State, one
27 member shall be a chiropractic physician licensed under the
28 Medical Practice Act of 1987 who is actively engaged in the
29 practice of acupuncture, one member shall be a physician
30 licensed to practice medicine in all of its branches in
31 Illinois, and one member must be a member of the public who
32 is not licensed under this Act or a similar Act of another
33 jurisdiction and who has no connection with the profession.
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1 The initial appointees who would otherwise be required to be
2 licensed acupuncturists shall instead be individuals who have
3 been practicing acupuncture for at least 5 years and who are
4 eligible under this Act for licensure as acupuncturists.
5 Members shall serve 4-year terms and until their
6 successors are appointed and qualified, except that of the
7 initial appointments, one member shall be appointed to serve
8 for 1 year, 2 members shall be appointed to serve for 2
9 years, 2 members shall be appointed to serve for 3 years, and
10 2 members shall be appointed to serve for 4 years and until
11 their successors are appointed and qualified. No member
12 shall be reappointed to the Board for a term that would cause
13 his or her continuous service on the Board to be longer than
14 8 consecutive years. Appointments to fill vacancies shall be
15 made in the same manner as original appointments for the
16 unexpired portion of the vacated term. Initial terms shall
17 begin upon the effective date of this amendatory Act of 1997.
18 The Board shall annually elect a chairperson and a
19 vice-chairperson who shall preside in the absence of the
20 chairperson. The membership of the Board should reasonably
21 reflect representation from the geographic areas in this
22 State. The Director may terminate the appointment of any
23 member for cause. The Director may give due consideration to
24 all recommendations of the Board. A majority of the Board
25 members currently appointed shall constitute a quorum. A
26 vacancy in the membership of the Board shall not impair the
27 right of a quorum to exercise the right and perform all the
28 duties of the Board. Members of the Board shall have no
29 liability in any action based upon any disciplinary
30 proceeding or other activity performed in good faith as a
31 member of the Board. Requirements for registration. No
32 person shall be registered to practice acupuncture unless he
33 or she has paid the required registration fee and
34 demonstrated competence in performing acupuncture by
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1 submitting proof of passing the National Commission for the
2 Certification of Acupuncturists examination.
3 (Source: P.A. 89-706, eff. 1-31-97.)
4 (225 ILCS 2/40)
5 Sec. 40. Application for licensure registration.
6 Applications for original licensure registration as an
7 acupuncturist shall be made to the Department in writing on
8 forms prescribed by the Department and shall be accompanied
9 by the required fee, which shall not be refundable.
10 Applicants shall submit with the application proof of
11 passing the National Commission for the Certification of
12 Acupuncturists examination or a substantially equivalent
13 examination approved by the Department or meeting any other
14 qualifications established by the Department.
15 An applicant has 3 years from the date of his or her
16 application to complete the application process. If the
17 process has not been completed in 3 years, the application
18 shall be denied, the fee shall be forfeited, and the
19 applicant must reapply and meet the requirements in effect at
20 the time of reapplication. Each application shall contain
21 proof of the particular qualifications required of the
22 applicant and shall be verified by the applicant under oath
23 or affirmation.
24 (Source: P.A. 89-706, eff. 1-31-97.)
25 (225 ILCS 2/50)
26 Sec. 50. Practice prohibited Title and designation of
27 registered acupuncturists. Unless he or she has been issued,
28 by the Department, a valid, existing license registration as
29 an acupuncturist under this Act, no person may use the title
30 and designation of "Acupuncturist", "Licensed Registered
31 Acupuncturist", "Certified Acupuncturist", "C.A.", "Act.",
32 "Lic. Reg. Act.", or "Lic. Reg. Ac." either directly or
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1 indirectly, in connection with his or her profession or
2 business. No person licensed registered under this Act may
3 use the designation "medical", directly or indirectly, in
4 connection with his or her profession or business. Nothing
5 shall prevent a physician from using the designation
6 "Acupuncturist".
7 No person may practice, offer to practice, attempt to
8 practice, or hold himself or herself out to practice as a
9 licensed acupuncturist without being licensed under this Act.
10 (Source: P.A. 89-706, eff. 1-31-97.)
11 (225 ILCS 2/55 new)
12 Sec. 55. Endorsement. The Department may, at its
13 discretion, license as an acupuncturist without examination,
14 on payment of the fee, an applicant for licensure who is an
15 acupuncturist under the laws of another state if the
16 requirements pertaining to acupuncture in that state were at
17 the date of his or her licensure substantially equal to the
18 requirements in force in Illinois on that date or if an
19 applicant possesses individual qualifications that are
20 substantially equal to the requirements under this Act.
21 An applicant has 3 years from the date of his or her
22 application to complete the application process. If the
23 process has not been completed in 3 years, the application
24 shall be denied, the fee shall be forfeited, and the
25 applicant must reapply and meet the requirements in effect at
26 the time of reapplication.
27 (225 ILCS 2/60)
28 Sec. 60. Display of license registration certificate;
29 change of address. A holder of a license registration
30 certificate under this Act shall display the license
31 certificate in a conspicuous place in the office or offices
32 where the holder practices acupuncture. A licensee
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1 registrant shall, whenever requested, exhibit his or her
2 license certificate of registration to any representative of
3 the Department and shall notify the Department of the address
4 or addresses, and of every change of address, where the
5 licensee registrant practices acupuncture.
6 (Source: P.A. 89-706, eff. 1-31-97.)
7 (225 ILCS 2/70)
8 Sec. 70. Renewal, reinstatement, or restoration of
9 license registration; continuing education; military service.
10 The expiration date and renewal period for each license
11 registration issued under this Act shall be set by rule. The
12 holder of a license registration certificate may renew that
13 license registration during the month preceding its
14 expiration date by paying the required fee.
15 In order to renew or restore a license, All renewal
16 applicants shall provide proof of having met the requirements
17 of continuing education registration set forth in the rules
18 of the Department.
19 A person who has permitted his or her license to expire
20 or who has had his or her license on inactive status may have
21 the license restored by submitting an application to the
22 Department, by meeting continuing education requirements, and
23 by filing proof acceptable to the Department of fitness to
24 have the license restored, which may include sworn evidence
25 certifying to active practice in another jurisdiction
26 satisfactory to the Department and by paying the required
27 restoration fee. If the person has not maintained an active
28 practice in another jurisdiction satisfactory to the
29 Department, the Department shall determine, by an evaluation
30 program established by rule, his or her fitness to resume
31 active status and may require the person to complete a period
32 of evaluated clinical experience and may require successful
33 completion of a practical examination.
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1 Any acupuncturist whose license registration expired
2 while he or she was (1) in federal service on active duty
3 with the Armed Forces of the United States or the State
4 Militia called into service or training or (2) in training or
5 education under the supervision of the United States
6 preliminary to induction into the military service, however,
7 may have his or her registration restored without paying any
8 lapsed renewal fees if within 2 years after honorable
9 termination of service, training, or education, he or she
10 furnishes the Department with satisfactory evidence that he
11 or she has been so engaged and that his or her service,
12 training, or education has been terminated.
13 (Source: P.A. 89-706, eff. 1-31-97.)
14 (225 ILCS 2/75 new)
15 Sec. 75. Inactive licenses. A licensee who notifies the
16 Department in writing on forms prescribed by the Department
17 may elect to place his or her license on inactive status and
18 shall, subject to rules of the Department, be excused from
19 payment of renewal fees until he or she notifies the
20 Department in writing of his or her desire to resume active
21 status. A licensee requesting restoration from inactive
22 status shall be required to pay the current renewal fee,
23 shall meet the continuing education requirements, and shall
24 be required to restore his or her license as provided in
25 Section 70 of this Act.
26 (225 ILCS 2/80)
27 Sec. 80. Fees. The Department shall provide by rule for
28 a schedule of fees for the administration and enforcement of
29 this Act, including but not limited to original licensure,
30 renewal, and restoration. The fees shall be nonrefundable.
31 The fees for application for registration, the renewal of a
32 registration, and all other purposes are not refundable and
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1 shall be adopted by rule.
2 All fees collected under this Act shall be deposited into
3 the General Professions Dedicated Fund and shall be
4 appropriated to the Department for the ordinary and
5 contingent expenses of the Department in the administration
6 of this Act.
7 (Source: P.A. 89-706, eff. 1-31-97.)
8 (225 ILCS 2/90)
9 Sec. 90. Roster. The Department shall maintain a roster
10 of the names and addresses of all licensees registrants and
11 of all persons person whose licenses registrations have been
12 disciplined. This roster shall be available upon written
13 request and payment of the required fee.
14 (Source: P.A. 89-706, eff. 1-31-97.)
15 (225 ILCS 2/100)
16 Sec. 100. Advertisement. Any person licensed registered
17 under this Act may advertise the availability of professional
18 services in the public media or on the premises where such
19 professional services are rendered. Such advertising shall
20 be limited to the following information:
21 (1) publication of the person's name, title, office
22 hours, address and telephone number;
23 (2) information pertaining to the person's areas of
24 specialization or limitation of professional practice;
25 (3) information on usual and customary fees for
26 routine professional services offered, which information
27 shall include, notification that fees may be adjusted due
28 to complications or unforeseen circumstances;
29 (4) announcement of the opening of, change of,
30 absence from, or return to business;
31 (5) announcement of additions to or deletions from
32 professional registered staff; and
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1 (6) the issuance of business or appointment cards.
2 It is unlawful for any person registered under this Act
3 to use testimonials or claims of superior quality of care to
4 entice the public. It shall be unlawful to advertise fee
5 comparisons of available services with those of other persons
6 providing acupuncture services.
7 This Act does not authorize the advertising of
8 professional services that the offeror of such services is
9 not licensed registered to render. Nor shall the advertiser
10 use statements that contain false, fraudulent, deceptive, or
11 misleading material or guarantees of success, statements that
12 play upon the vanity or fears of the public, or statements
13 that promote or produce unfair competition.
14 (Source: P.A. 89-706, eff. 1-31-97.)
15 (225 ILCS 2/105 new)
16 Sec. 105. Unlicensed practice; civil penalty. A person
17 who practices, offers to practice, attempts to practice, or
18 holds himself or herself out to practice as a licensed
19 acupuncturist without being licensed under this Act shall, in
20 addition to any other penalty provided by law, pay a civil
21 penalty to the Department in an amount not to exceed $5,000
22 for each offense as determined by the Department. The civil
23 penalty shall be assessed by the Department after a hearing
24 is held in accordance with the provisions set forth in this
25 Act regarding the provision of a hearing for the discipline
26 of a licensee.
27 (225 ILCS 2/110)
28 Sec. 110. Grounds for disciplinary action.
29 (a) The Department may refuse to issue or to renew,
30 place on probation, suspend, revoke or take other
31 disciplinary action as deemed appropriate including the
32 imposition of or may revoke a registration or impose fines
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1 not to exceed $5,000 for each violation, as the Department
2 may deem proper, with regard to a license registration for
3 any one or combination of the following causes:
4 (1) Violations of the Act or its rules.
5 (2) Conviction of any crime under the laws of any
6 U.S. jurisdiction that is (i) a felony, (ii) a
7 misdemeanor, an essential element of which is dishonesty,
8 or (iii) directly related to the practice of the
9 profession.
10 (3) Making any misrepresentation for the purpose of
11 obtaining a license registration.
12 (4) Aiding or assisting another person in violating
13 any provision of this Act or its rules.
14 (5) Failing to provide information within 60 days
15 in response to a written request made by the Department
16 which has been sent by certified or registered mail to
17 the licensee's registrant's last known address.
18 (6) Discipline by another U.S. jurisdiction or
19 foreign nation, if at least one of the grounds for the
20 discipline is the same or substantially equivalent to one
21 set forth in this Section.
22 (7) Solicitation of professional services by means
23 other than permitted under this Act advertising.
24 (8) Failure to provide a patient with a copy of his
25 or her record upon the written request of the patient.
26 (9) Gross negligence in the practice of acupuncture
27 Conviction by any court of competent jurisdiction, either
28 within or outside of this State, or any violation of any
29 law governing the practice of acupuncture; conviction in
30 this or another state of any crime which is a felony
31 under the laws of this State or conviction of a felony in
32 a federal court, if the Department determines after
33 investigation that the person has not been sufficiently
34 rehabilitated to warrant the public trust.
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1 (10) Habitual or excessive use or addiction to
2 alcohol, narcotics, stimulants, or any other chemical
3 agent or drug that results in an acupuncturist's
4 inability to practice with reasonable judgment, skill, or
5 safety.
6 (11) (10) A finding that licensure registration has
7 been applied for or obtained by fraudulent means.
8 (12) A pattern of practice or other behavior that
9 demonstrates incapacity or incompetence to practice under
10 this Act.
11 (13) (11) Being named as a perpetrator in an
12 indicated report by the Department of Children and Family
13 Services under the Abused and Neglected Child Reporting
14 Act and upon proof by clear and convincing evidence that
15 the licensee registrant has caused a child to be an
16 abused child or a neglected child as defined in the
17 Abused and Neglected Child Reporting Act.
18 (14) (12) Wilfully failing to report an instance of
19 suspected child abuse or neglect as required by the
20 Abused and Neglected Child Reporting Act.
21 (15) (13) The use of any words, abbreviations,
22 figures or letters (such as Acupuncturist, Licensed
23 Registered Acupuncturist, Certified Acupuncturist, C.A.,
24 Act., Lic. Reg. Act., or Lic. Reg. Ac.) with the
25 intention of indicating practice as a licensed registered
26 acupuncturist without a valid license registration as an
27 acupuncturist issued under this Act.
28 (16) Using testimonials or claims of superior
29 quality of care to entice the public or advertising fee
30 comparisons of available services with those of other
31 persons providing acupuncture services.
32 (17) Advertising of professional services that the
33 offeror of the services is not licensed to render.
34 Advertising of professional services that contains false,
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1 fraudulent, deceptive, or misleading material or
2 guarantees of success, statements that play upon the
3 vanity or fears of the public, or statements that promote
4 or produce unfair competition.
5 (14) The performance of acupuncture service in
6 conjunction with a scheme or plan with another person,
7 firm, or corporation known by the registrant to be
8 advertising in a manner contrary to this Act or otherwise
9 violating the laws of the State of Illinois concerning
10 the practice of acupuncture.
11 (18) (15) Having treated ailments of human beings
12 other than by the practice of acupuncture as defined in
13 this Act, or having treated ailments of human beings as a
14 licensed registered acupuncturist independent of a
15 written referral order from a physician or dentist, or
16 having failed to notify the physician or dentist who
17 established the diagnosis that the patient is receiving
18 acupuncture treatment pursuant to that diagnosis.
19 (19) Unethical, unauthorized, or unprofessional
20 conduct as defined by rule.
21 (20) Physical illness including but not limited to
22 deterioration through the aging process, mental illness,
23 or disability that results in the inability to practice
24 the profession with reasonable judgment, skill, and
25 safety.
26 (21) Violation of the Health Care Worker
27 Self-Referral Act.
28 The entry of an order by a circuit court establishing
29 that any person holding a license under this Act is subject
30 to involuntary admission or judicial admission as provided
31 for in the Mental Health and Developmental Disabilities Code
32 operates as an automatic suspension of that license. That
33 person may have his or her license restored only upon the
34 determination by a circuit court that the patient is no
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1 longer subject to involuntary admission or judicial admission
2 and the issuance of an order so finding and discharging the
3 patient and upon the Board's recommendation to the Department
4 that the license be restored. Where the circumstances so
5 indicate, the Board may recommend to the Department that it
6 require an examination prior to restoring a suspended
7 license.
8 The Department may refuse to issue or renew the license
9 registration of any person who fails to (i) file a return or
10 to pay the tax, penalty or interest shown in a filed return
11 or (ii) pay any final assessment of the tax, penalty, or
12 interest as required by any tax Act administered by the
13 Illinois Department of Revenue, until the time that the
14 requirements of that tax Act are satisfied.
15 In enforcing this Section, the Department or Board upon a
16 showing of a possible violation may compel an individual
17 licensed to practice under this Act, or who has applied for
18 licensure under this Act, to submit to a mental or physical
19 examination, or both, as required by and at the expense of
20 the Department. The Department or Board may order the
21 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
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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. 89-706, eff. 1-31-97.)
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1 (225 ILCS 2/130)
2 Sec. 130. Injunctions; criminal offenses; cease and
3 desist order.
4 (a) If any person violates the provisions of this Act,
5 the Director may, in the name of the People of the State of
6 Illinois, through the Attorney General of the State of
7 Illinois or the State's Attorney for any county in which the
8 action is brought, petition for an order enjoining the
9 violation or for an order enforcing compliance with this Act.
10 Upon the filing of a verified petition in court, the court
11 may issue a temporary restraining order, without notice or
12 condition bond, and may preliminarily and permanently enjoin
13 the violation. If it is established that the person has
14 violated or is violating the injunction, the Court may punish
15 the offender for contempt of court. Proceedings under this
16 Section shall be in addition to, and not in lieu of, all
17 other remedies and penalties provided by this Act.
18 (b) Whenever in the opinion of the Department a person
19 violates a provision of this Act, the Department may issue a
20 rule to show cause why an order to cease and desist should
21 not be entered against that person. The rule shall clearly
22 set forth the grounds relied upon by the Department and shall
23 allow at least 7 days from the date of the rule to file an
24 answer to the satisfaction of the Department. Failure to
25 answer to the satisfaction of the Department shall cause an
26 order to cease and desist to be issued immediately.
27 (c) (b) Other than as provided in Section 20 of this
28 Act, if any person practices as an acupuncturist or holds
29 himself or herself out as a licensed registered acupuncturist
30 under this Act without being issued a valid existing license
31 registration by the Department, then any licensed registered
32 acupuncturist, any interested party, or any person injured
33 thereby may, in addition to the Director, petition for relief
34 as provided in subsection (a) of this Section.
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1 Whoever knowingly practices or offers to practice
2 acupuncture in this State without being registered for that
3 purpose shall be guilty of a Class A misdemeanor and for each
4 subsequent conviction, shall be guilty of a Class 4 felony.
5 Notwithstanding any other provision of this Act, all criminal
6 fines, monies, or other property collected or received by the
7 Department under this Section or any other State or federal
8 statute, including, but not limited to, property forfeited to
9 the Department under Section 505 of the Illinois Controlled
10 Substances Act, shall be deposited into the Professional
11 Regulation Evidence Fund.
12 (c) Whenever in the opinion of the Department any person
13 violates any provision of this Act, the Department may issue
14 a rule to show cause why an order to cease and desist should
15 not be entered against that person. The rule shall clearly
16 set forth the grounds relied upon the Department and shall
17 provide a period of 7 days from the date of the rule to file
18 an answer to the satisfaction of the Department. Failure to
19 answer to the satisfaction of the Department shall cause an
20 order to cease and desist to be issued immediately.
21 (Source: P.A. 89-706, eff. 1-31-97.)
22 (225 ILCS 2/135 new)
23 Sec. 135. Criminal violations. Whoever knowingly
24 practices or offers to practice acupuncture in this State
25 without being licensed for that purpose shall be guilty of a
26 Class A misdemeanor and for each subsequent conviction shall
27 be guilty of a Class 4 felony. Notwithstanding any other
28 provision of this Act, all criminal fines, moneys, or other
29 property collected or received by the Department under this
30 Section or any other State or federal statute, including but
31 not limited to property forfeited to the Department under
32 Section 505 of the Illinois Controlled Substances Act, shall
33 be deposited into the Professional Regulation Evidence Fund.
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1 (225 ILCS 2/140)
2 Sec. 140. Investigation; notice; hearing. Licenses may
3 be refused, revoked, suspended, or otherwise disciplined in
4 the manner provided by this Act and not otherwise. The
5 Department may upon its own motion and shall upon the
6 verified complaint in writing of any person setting forth
7 facts that if proven would constitute grounds for refusal to
8 issue or for suspension or revocation under this Act,
9 investigate the actions of a person applying for, holding, or
10 claiming to hold a license. The Department shall, before
11 refusing to issue or renew, suspending, or revoking a license
12 or taking other discipline pursuant to Section 110 of this
13 Act, and at least 30 days prior to the date set for the
14 hearing, notify in writing the applicant or licensee of any
15 charges made, shall afford the applicant or licensee an
16 opportunity to be heard in person or by counsel in reference
17 to the charges, and direct the applicant or licensee to file
18 a written answer to the Department under oath within 20 days
19 after the service of the notice and inform the applicant or
20 licensee that failure to file an answer will result in
21 default being taken against the applicant or licensee and
22 that the license may be suspended, revoked, placed on
23 probationary status, or other disciplinary action may be
24 taken, including limiting the scope, nature, or extent of
25 practice, as the Director may deem proper. Written notice
26 may be served by personal delivery to the applicant or
27 licensee or by mailing the notice by certified mail to his or
28 her last known place of residence or to the place of business
29 last specified by the applicant or licensee in his or her
30 last notification to the Department. If the person fails to
31 file an answer after receiving notice, his or her license
32 may, in the discretion of the Department, be suspended,
33 revoked, or placed on probationary status or the Department
34 may take whatever disciplinary action deemed proper,
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1 including limiting the scope, nature, or extent of the
2 person's practice or the imposition of a fine, without a
3 hearing, if the act or acts charged constitute sufficient
4 grounds for such action under this Act. At the time and
5 place fixed in the notice, the Department shall proceed to
6 hearing of the charges and both the applicant or licensee and
7 the complainant shall be afforded ample opportunity to
8 present, in person or by counsel, any statements, testimony,
9 evidence, and arguments that may be pertinent to the charges
10 or to their defense. The Department may continue a hearing
11 from time to time. If the Board is not sitting at the time
12 and place fixed in the notice or at the time and place to
13 which the hearing shall have been continued, the Department
14 may continue the hearing for a period not to exceed 30 days.
15 Investigation; notice; hearing. The Department may
16 investigate the actions of any applicant or of any person or
17 persons holding or claiming to hold a registration. Before
18 taking any disciplinary action with regard to any
19 registration, at least 30 days prior to the date set for the
20 hearing, the Department shall (i) notify the accused in
21 writing of any charges made and the time and place for a
22 hearing of the charges before the Department, (ii) direct him
23 or her to file a written answer with the Department under
24 oath within 20 days after the service of the notice, and
25 (iii) inform him or her that failure answer shall result in
26 default being taken against him or her and his or her
27 registration being disciplined, as the Department may deem
28 proper. The written notice may be served by personal
29 delivery or certified delivery or certified or registered
30 mail to the registrant. At the time and place fixed in the
31 notice, the Department shall proceed to hear the charges and
32 the parties, or their counsel, shall be accorded ample
33 opportunity to present any statements, testimony, evidence
34 and argument that may be pertinent to the charges or to their
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1 defense. The Department may continue the hearing from time
2 to time. At the discretion of the Director, the accused
3 person's registration may be disciplined as the Director may
4 deem proper, including limiting the scope, nature, or extent
5 of the person's practice, without a hearing, if the act or
6 acts charged constitute sufficient grounds for that action
7 under this Act.
8 (Source: P.A. 89-706, eff. 1-31-97.)
9 (225 ILCS 2/145)
10 Sec. 145. Formal hearing; preservation of record. The
11 Department, at its expense, shall preserve a record of all
12 proceedings at the formal hearing of any case involving the
13 refusal to issue or renew a license registration or
14 discipline of a licensee registrant. The notice of hearing,
15 complaint, and all other documents in the nature of pleadings
16 and written motions filed in the proceedings, the transcript
17 of testimony, the report of the hearing officer, and order of
18 the Department shall be the record of the proceeding.
19 (Source: P.A. 89-706, eff. 1-31-97.)
20 (225 ILCS 2/150)
21 Sec. 150. Witnesses; production of documents; contempt.
22 Any circuit court may, upon application of the Department or
23 its designee or of the applicant or licensee registrant
24 against whom proceedings under Section 140 of this Act are
25 pending, enter an order requiring the attendance of witnesses
26 and their testimony and the production of documents, papers,
27 files, books, and records in connection with any hearing or
28 investigation. The court may compel obedience to its order
29 by proceedings for contempt.
30 (Source: P.A. 89-706, eff. 1-31-97.)
31 (225 ILCS 2/152 new)
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1 Sec. 152. Certification of record. The Department shall
2 not be required to certify a record to the court, file any
3 answer in court, or otherwise appear in any court in a
4 judicial review proceeding, unless there is filed in the
5 court with the complaint a receipt from the Department
6 acknowledging payment of the costs of furnishing and
7 certifying the record. Failure on the part of the plaintiff
8 to file a receipt in court shall be grounds for dismissal of
9 the action.
10 (225 ILCS 2/154 new)
11 Sec. 154. Compelling testimony. Any circuit court may,
12 upon application of the Department or its designee or of the
13 applicant or licensee against whom proceedings pursuant to
14 Section 140 of this Act are pending, enter an order requiring
15 the attendance of witnesses and their testimony, and the
16 production of documents, papers, files, books, and records in
17 connection with any hearing or investigation. The court may
18 compel obedience to its order through proceedings for
19 contempt.
20 (225 ILCS 2/155)
21 Sec. 155. Subpoena; oaths. The Department shall have
22 power to subpoena and bring before it any person in this
23 State and to take testimony either orally or by deposition or
24 both with the same fees and mileage and in the same manner as
25 prescribed by law in judicial proceedings in civil cases in
26 circuit courts of this State. The Department shall also have
27 the power to subpoena the production of documents, papers,
28 files, books, and records in connection with a hearing or
29 investigation.
30 The Director and the hearing officer designated by the
31 Director shall each have power to administer oaths to
32 witnesses at any hearing that the Department is authorized to
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1 conduct under this Act and any other oaths required or
2 authorized to be administered by the Department under this
3 Act.
4 (Source: P.A. 89-706, eff. 1-31-97.)
5 (225 ILCS 2/160)
6 Section 160. Findings of facts, conclusions of law, and
7 recommendations. At the conclusion of the hearing, the
8 hearing officer shall present to the Director a written
9 report of its findings of fact, conclusions of law, and
10 recommendations. The report shall contain a finding whether
11 or not the accused person violated this Act or failed to
12 comply with the conditions required in this Act. The hearing
13 officer shall specify the nature of the violation or failure
14 to comply and shall make his or her recommendations to the
15 Director.
16 The report of findings of fact, conclusions of law, and
17 recommendations of the hearing officer may shall be the basis
18 of the order of the Department. If the Director disagrees in
19 any regard with the report of the hearing officer, the
20 Director shall may issue an order in contravention of the
21 report. Within 60 days after taking that action the Director
22 shall provide a written report to the hearing officer on any
23 deviation and shall specify with particularity the reasons
24 for the action in the final order. The finding is not
25 admissible in evidence against the person in a criminal
26 prosecution brought for the violation of this Act, but the
27 hearing and findings are not a bar to a criminal prosecution
28 brought for the violation of this Act.
29 (Source: P.A. 89-706, eff. 1-31-97.)
30 (225 ILCS 2/165)
31 Sec. 165. Hearing officer. The Director shall have the
32 authority to appoint any attorney duly licensed to practice
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1 law in the State of Illinois to serve as the hearing officer
2 in any action for discipline of a license registration. The
3 hearing officer shall have full authority to conduct the
4 hearing. The hearing officer shall report his or her findings
5 of fact, conclusions of law, and recommendations to the Board
6 and the Director. The Board shall have 60 days after receipt
7 of the report to review the report of the hearing officer and
8 to present its findings of fact, conclusions of law, and
9 recommendations to the Director.
10 (Source: P.A. 89-706, eff. 1-31-97.)
11 (225 ILCS 2/170)
12 Sec. 170. Service of report; rehearing; order. In any
13 case involving the discipline of a license registration, a
14 copy of the hearing officer's report shall be served upon the
15 respondent by the Department, either personally or as
16 provided in this Act for the service of the notice of
17 hearing. Within 20 days after the service, the respondent
18 may present to the Department a motion in writing for a
19 rehearing that shall specify the particular grounds for
20 rehearing. If no motion for rehearing is filed, then upon
21 the expiration of the time specified for filing a motion, or
22 if a motion for rehearing is denied, then upon the denial the
23 Director may enter an order in accordance with this Act. If
24 the respondent orders from the reporting office and pays for
25 a transcript of the record within the time for filing a
26 motion for rehearing, the 20 day period within which the
27 motion may be filed shall commence upon the delivery of the
28 transcript to the respondent.
29 (Source: P.A. 89-706, eff. 1-31-97.)
30 (225 ILCS 2/175)
31 Sec. 175. Substantial justice to be done; rehearing.
32 Whenever the Director is satisfied that substantial justice
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1 has not been done in the discipline of a license
2 registration, the Director may order a rehearing by the same
3 or another hearing officer.
4 (Source: P.A. 89-706, eff. 1-31-97.)
5 (225 ILCS 2/180)
6 Sec. 180. Order or certified copy as prima facie proof.
7 An order or a certified copy thereof, over the seal of the
8 Department and purporting to be signed by the Director, shall
9 be prima facie proof:
10 (1) that the signature is the genuine signature of
11 the Director; and
12 (2) that such Director is duly appointed and
13 qualified; and.
14 (3) that the Board and its members are qualified to
15 act.
16 (Source: P.A. 89-706, eff. 1-31-97.)
17 (225 ILCS 2/185)
18 Sec. 185. Restoration of license registration. At any
19 time after the suspension or revocation of any license
20 registration the Department may restore it to the accused
21 person, unless after an investigation and a hearing the
22 Department determines that restoration is not in the public
23 interest. Where circumstances of suspension or revocation so
24 indicate, the Department may require an examination of the
25 accused person prior to restoring his or her license.
26 (Source: P.A. 89-706, eff. 1-31-97.)
27 (225 ILCS 2/195)
28 Sec. 195. Imminent danger to public; temporary
29 suspension. The Director may temporarily suspend the license
30 registration of an acupuncturist without a hearing,
31 simultaneously with the institution of proceedings for a
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1 hearing provided for in Section 140 of this Act, if the
2 Director finds that evidence in his or her possession
3 indicates that continuation in practice would constitute an
4 imminent danger to the public. In the event that the
5 Director temporarily suspends a license registration without
6 a hearing, a hearing by the Department must be held within 30
7 days after the suspension has occurred and be concluded
8 without appreciable delay.
9 (Source: P.A. 89-706, eff. 1-31-97.)
10 (225 ILCS 2/45 rep.)
11 (225 ILCS 2/205 rep.)
12 Section 15. The Acupucture Practice Act is amended by
13 repealing Sections 45 and 205.
14 Section 20. The Marriage and Family Therapy Licensing Act
15 is amended by changing Sections 20, 25, 30, 40, 45, 55, 60,
16 65, 85, 90, 95, and 165 as follows:
17 (225 ILCS 55/20) (from Ch. 111, par. 8351-20)
18 Sec. 20. Powers and duties of the Department. Subject
19 to the provisions of this Act, the Department shall exercise
20 the following functions, powers, and duties:
21 (a) Conduct or authorize examinations to ascertain
22 the fitness and qualifications of applicants for
23 licensure and issue licenses to those who are found to be
24 fit and qualified.
25 (b) Prescribe rules and regulations for a method of
26 examination of candidates.
27 (b-5) Prescribe rules for determining approved
28 graduate programs and prepare and maintain a list of
29 colleges and universities offering approved programs.
30 (c) Conduct hearings on proceedings to revoke,
31 suspend, or refuse to issue licenses.
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1 (d) Promulgate rules and regulations required for
2 the administration of this Act.
3 The Board may make recommendations on matters relating to
4 continuing education, including the number of hours necessary
5 for license renewal, waivers for those unable to meet the
6 requirements, and acceptable course content.
7 (Source: P.A. 87-783; 87-1237.)
8 (225 ILCS 55/25) (from Ch. 111, par. 8351-25)
9 Sec. 25. Marriage and Family Therapy Licensing and
10 Disciplinary Board.
11 (a) There is established within the Department the
12 Marriage and Family Therapy Licensing and Disciplinary Board
13 to be appointed by the Director. The Board shall be composed
14 of 7 persons who shall serve in an advisory capacity to the
15 Director. The Board shall elect a chairperson and a vice
16 chairperson chairman.
17 (b) In appointing members of the Board, the Director
18 shall give due consideration to recommendations by members of
19 the profession of marriage and family therapy and by the
20 statewide organizations solely representing the interests of
21 marriage and family therapists.
22 (c) Five members of the Board shall be marriage and
23 family therapists who have been in active practice for at
24 least 5 years immediately preceding their appointment, or
25 engaged in the education and training of masters, doctoral,
26 or post-doctoral students of marriage and family therapy, or
27 engaged in marriage and family therapy research. Each
28 marriage or family therapy teacher or researcher shall have
29 spent the majority of the time devoted to the study or
30 research of marriage and family therapy during the 2 years
31 immediately preceding his or her appointment to the Board.
32 The initial appointees shall be licensed under this Act
33 within one year after appointment to the Board.
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1 (d) Two members shall be representatives of the general
2 public who have no direct affiliation or work experience with
3 the practice of marriage and family therapy and who clearly
4 represent consumer interests.
5 (e) Board members Of the first Board members appointed,
6 3 members shall be appointed to serve for 2 years, 2 shall be
7 appointed to serve for 3 years, and the remaining 2 shall be
8 appointed to serve for 4 years. Their successors shall be
9 appointed for terms of 4 years each, except that any person
10 chosen to fill a vacancy shall be appointed only for the
11 unexpired term of the Board member whom he or she shall
12 succeed. Upon the expiration of this term of office, a Board
13 member shall continue to serve until a successor is appointed
14 and qualified. No member shall be reappointed to the Board
15 for a term that would cause continuous service on the Board
16 to be longer than 8 years.
17 (f) The membership of the Board shall reasonably reflect
18 representation from the various geographic areas of the
19 State.
20 (g) Members of the Board shall be immune from suit in
21 any action based upon any disciplinary proceedings or other
22 activities performed in good faith as members of the Board.
23 (h) The Director may remove any member of the Board for
24 any cause that, in the opinion of the Director, reasonably
25 justifies termination.
26 (i) The Director may consider the recommendations of the
27 Board on questions of standards of professional conduct,
28 discipline, and qualification of candidates or licensees
29 under this Act.
30 (j) The members of the Board shall be reimbursed for all
31 legitimate, necessary, and authorized expenses.
32 (k) A majority of the Board members currently appointed
33 shall constitute a quorum. A vacancy in the membership of the
34 Board shall not impair the right of a quorum to exercise all
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1 the rights and perform all the duties of the Board.
2 (Source: P.A. 87-783; 87-1237.)
3 (225 ILCS 55/30) (from Ch. 111, par. 8351-30)
4 Sec. 30. Application.
5 (a) Applications for original licensure shall be made to
6 the Department in writing on forms prescribed by the
7 Department and shall be accompanied by the appropriate
8 documentation and the required fee, which fee is
9 nonrefundable. Any application shall require such
10 information as, in the judgment of the Department, will
11 enable the Department to pass on the qualifications of the
12 applicant for licensing.
13 (b) Applicants have 3 years from the date of application
14 to complete the application process. If the application has
15 not been completed within 3 years, the application shall be
16 denied, the fee shall be forfeited, and the applicant must
17 reapply and meet the requirements in effect at the time of
18 reapplication.
19 (c) A license shall not be denied to an applicant
20 because of the applicant's race, religion, creed, national
21 origin, political beliefs or activities, age, sex, sexual
22 orientation, or physical impairment If an applicant neglects,
23 fails or refuses to take an examination, or fails to pass an
24 examination for a license under this Act within 3 years after
25 filing an application, the application is denied. However,
26 the applicant may thereafter make a new application
27 accompanied by the required fee and shall meet the
28 requirements in force at the time of making the new
29 application.
30 (Source: P.A. 87-783; 87-1237.)
31 (225 ILCS 55/40) (from Ch. 111, par. 8351-40)
32 Sec. 40. Qualifications for licensure.
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1 (a) A person is qualified for licensure as a marriage
2 and family therapist if that person:
3 (1) is at least 21 years of age;
4 (2) has applied in writing on forms prepared and
5 furnished by the Department;
6 (3) (blank);
7 (4) has not engaged or is not engaged in any
8 practice or conduct that would be grounds for
9 disciplining a licensee under Section 85 of this Act;
10 (5) satisfies the education and experience
11 requirements of subsection (b) of this Section; and
12 (6) passes a written examination authorized by the
13 Department.
14 (b) Any person who applies to the Department shall be
15 issued a license by the Department if the person meets the
16 qualifications set forth in subsection (a) of this Section
17 and provides evidence to the Department that the person:
18 (1) holds a master's or doctoral degree in marriage
19 and family therapy approved by the Department from a
20 regionally accredited educational institution; holds a
21 master's or doctoral degree from a regionally accredited
22 educational institution in marriage and family therapy or
23 in a related field with an equivalent course of study in
24 marriage and family therapy that is recommended by the
25 Board and approved by the Department; or holds a master's
26 or doctoral degree from a program accredited by the
27 commission on accreditations for marriage and family
28 therapy education of the American Association for
29 Marriage and Family Therapists;
30 (2) following the receipt of the first qualifying
31 degree, has at least 2 years of experience, as defined by
32 rule, in the practice of marriage and family therapy,
33 including at least 1,000 hours of face-to-face contact
34 with couples and families for the purpose of evaluation
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1 and treatment;
2 (3) has completed at least 200 hours of supervision
3 of marriage and family therapy, as defined by rule.
4 (Source: P.A. 89-387, eff. 8-20-95.)
5 (225 ILCS 55/45) (from Ch. 111, par. 8351-45)
6 Sec. 45. Licenses; renewals; restoration; person in
7 military service.
8 (a) The expiration date and renewal period for each
9 license issued under this Act shall be set by rule. As a
10 condition for renewal of a license, the licensee shall be
11 required to complete continuing education under requirements
12 set forth in rules of the Department.
13 (b) Any person who has permitted his or her license to
14 expire may have his or her license restored by making
15 application to the Department and filing proof acceptable to
16 the Department of fitness to have his or her license
17 restored, which may include sworn evidence certifying to
18 active practice in another jurisdiction satisfactory to the
19 Department, complying with any continuing education
20 requirements, and paying the required restoration fee.
21 (c) If the person has not maintained an active practice
22 in another jurisdiction satisfactory to the Department, the
23 Board shall determine, by an evaluation program established
24 by rule, the person's fitness to resume active status and may
25 require the person to complete a period of evaluated clinical
26 experience and successful completion of a practical
27 examination.
28 However, any person whose license expired while (i) in
29 federal service on active duty with the Armed Forces of the
30 United States or called into service or training with the
31 State Militia, or (ii) in training or education under the
32 supervision of the United States preliminary to induction
33 into the military service may have his or her license renewed
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1 or restored without paying any lapsed renewal fees if, within
2 2 years after honorable termination of the service, training
3 or education, except under condition other than honorable, he
4 or she furnishes the Department with satisfactory evidence to
5 the effect that he or she has been so engaged and that the
6 service, training, or education has been so terminated.
7 (d) Any person who notifies the Department, in writing
8 on forms prescribed by the Department, may place his or her
9 license on inactive status and shall be excused from the
10 payment of renewal fees until the person notifies the
11 Department in writing of the intention to resume active
12 practice.
13 (e) Any person requesting his or her license be changed
14 from inactive to active status shall be required to pay the
15 current renewal fee and shall also demonstrate compliance
16 with the continuing education requirements.
17 (f) Any marriage and family therapist whose license is
18 nonrenewed or on inactive status shall not engage in the
19 practice of marriage and family therapy in the State of
20 Illinois and use the title or advertise that he or she
21 performs the services of a "licensed marriage and family
22 therapist".
23 (g) Any person violating subsection (f) of this Section
24 shall be considered to be practicing without a license and
25 will be subject to the disciplinary provisions of this Act.
26 (h) (Blank) A license to practice shall not be denied
27 any applicant because of the applicant's race, religion,
28 creed, national origin, political beliefs or activities, age,
29 sex, sexual orientation, or physical impairment.
30 (Source: P.A. 87-783; 87-1237.)
31 (225 ILCS 55/55) (from Ch. 111, par. 8351-55)
32 Sec. 55. Fees. The fees imposed under this Act are as
33 follows and are not refundable:
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1 (a) Except as provided in subsection (c), the fees for
2 the administration and enforcement of this Act, including but
3 not limited to original licensure, renewal, and restoration,
4 shall be set by rule of the Department. The fees shall be
5 nonrefundable The fee for original application for a license
6 as a licensed marriage and family therapist is $100.
7 (b) (Blank) The fee for a temporary license is $100.
8 (c) In addition to the application fee, applicants for
9 the examination are required to pay, either to the Department
10 or the designated testing service, a fee covering the cost of
11 determining an applicant's eligibility and providing the
12 examination. Failure to appear for the examination on the
13 scheduled date, at the time and place specified, after the
14 applicant's application and fee for examination have been
15 received and acknowledged by the Department or the designated
16 testing service, shall result in the forfeiture of the fee.
17 (d) The fee for the renewal of a license is $60 per
18 year.
19 (e) The fee for the restoration of a license that has
20 been expired for 5 years or less is $20 plus payment of all
21 unpaid fees for every year the license has been lapsed.
22 (f) The fee for the restoration of a license that has
23 been expired for more than 5 years is $200.
24 (g) The fee for the issuance of a duplicate license, a
25 replacement license for a license that has been lost or
26 destroyed, or a license with a change of name or address,
27 other than during the renewal period is $20. No fee is
28 required for name and address changes on Department records
29 when no duplicate license is issued.
30 (h) The fee for the certification of a license for any
31 purpose is $20.
32 (i) The fee to have the scoring of an examination
33 administered by the Department reviewed and verified is $20,
34 plus any fee charged by the testing service.
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1 (j) The fee for a wall license is the actual cost of
2 producing the license.
3 (k) The fee for a roster of persons licensed as marriage
4 and family therapists is the actual cost of production of the
5 roster.
6 (l) The fee for application for a license by a marriage
7 and family therapist licensed under the laws of another
8 jurisdiction is $200.
9 (m) The fee for application as a continuing education
10 sponsor is $500. State agencies, State colleges and State
11 universities in Illinois are exempt from paying this fee.
12 (n) The fee for renewal as a continuing education
13 sponsor is $125 per year.
14 (Source: P.A. 87-783; 87-1237.)
15 (225 ILCS 55/60) (from Ch. 111, par. 8351-60)
16 Sec. 60. Payments; penalty for insufficient funds. Any
17 person who delivers a check or other payment to the
18 Department that is returned to the Department unpaid by the
19 financial institution upon which it is drawn shall pay to the
20 Department, in addition to the amount already owed to the
21 Department, a fine of $50. If a person practices without
22 paying the renewal fee or issuance fee and the fine due, an
23 additional fine of $100 shall be imposed. The fines imposed
24 by this Section are in addition to any other discipline
25 provided under this Act prohibiting unlicensed practice or
26 practice on a nonrenewed license. The Department shall notify
27 the person that payment of fees and fines shall be paid to
28 the Department by certified check or money order within 30
29 calendar days after notification. If, after the expiration of
30 30 days from the date of the notification, the person has
31 failed to submit the necessary remittance, the Department
32 shall automatically terminate the license or certificate or
33 deny the application, without hearing. If, after termination
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1 or denial, the person seeks a license or certificate, he or
2 she shall apply to the Department for restoration or issuance
3 of the license or certificate and pay all fees and fines due
4 to the Department. The Department may establish a fee for the
5 processing of an application for restoration of a license or
6 certificate to pay all expenses of processing this
7 application. The Director may waive the fines due under this
8 Section in individual cases where the Director finds that the
9 fines would be unreasonable or unnecessarily burdensome.
10 (Source: P.A. 87-783; 87-1031; 87-1237; 88-45.)
11 (225 ILCS 55/65) (from Ch. 111, par. 8351-65)
12 Sec. 65. Endorsement. The Department may issue a license
13 as a licensed marriage and family therapist, without the
14 required examination, to an applicant licensed under the laws
15 of another state if the requirements for licensure in that
16 state are, on the date of licensure, substantially equal to
17 the requirements of this Act or to a person who, at the time
18 of his or her application for licensure, possessed individual
19 qualifications that were substantially equivalent to the
20 requirements then in force in this State. An applicant under
21 this Section shall pay all of the required fees.
22 Applicants have 3 years from the date of application to
23 complete the application process. If the process has not been
24 completed within the 3 years, the application shall be
25 denied, the fee shall be forfeited, and the applicant must
26 reapply and meet the requirements in effect at the time of
27 reapplication.
28 (Source: P.A. 87-783; 87-1237.)
29 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
30 Sec. 85. Refusal, revocation or suspension.
31 (a) The Department may refuse to issue or renew, or may
32 revoke a license, or may suspend, place on probation, fine,
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1 or take any disciplinary action as the Department may deem
2 proper, including fines not to exceed $1000 for each
3 violation, with regard to any licensee or certificate for any
4 one or combination of the following causes:
5 (1) Material misstatement in furnishing information
6 to the Department.
7 (2) Violations of this Act or its rules.
8 (3) Conviction of any crime under the laws of the
9 United States or any state or territory thereof that is
10 (i) a felony, (ii) a misdemeanor, an essential element of
11 which is dishonesty, or (iii) a crime that which is
12 related to the practice of the profession.
13 (4) Making any misrepresentation for the purpose of
14 obtaining a license or violating any provision of this
15 Act or its rules.
16 (5) Professional incompetence or gross negligence.
17 (6) Malpractice.
18 (7) Aiding or assisting another person in violating
19 any provision of this Act or its rules.
20 (8) Failing, within 60 days, to provide information
21 in response to a written request made by the Department.
22 (9) Engaging in dishonorable, unethical, or
23 unprofessional conduct of a character likely to deceive,
24 defraud or harm the public as defined by the rules of the
25 Department, or violating the rules of professional
26 conduct adopted by the Board and published by the
27 Department.
28 (10) Habitual or excessive use or addiction to
29 alcohol, narcotics, stimulants, or any other chemical
30 agent or drug that results in the inability to practice
31 with reasonable judgment, skill, or safety.
32 (11) Discipline by another state, territory, or
33 country if at least one of the grounds for the discipline
34 is the same or substantially equivalent to those set
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1 forth in this Act.
2 (12) Directly or indirectly giving to or receiving
3 from any person, firm, corporation, partnership or
4 association any fee, commission, rebate, or other form of
5 compensation for any professional services not actually
6 or personally rendered.
7 (13) A finding by the Department that the licensee,
8 after having his or her license placed on probationary
9 status, has violated the terms of probation.
10 (14) Abandonment of a patient without cause.
11 (15) Willfully making or filing false records or
12 reports relating to a licensee's practice, including but
13 not limited to, false records filed with State agencies
14 or departments.
15 (16) Wilfully failing to report an instance of
16 suspected child abuse or neglect as required by the
17 Abused and Neglected Child Reporting Act.
18 (17) Being named as a perpetrator in an indicated
19 report by the Department of Children and Family Services
20 under the Abused and Neglected Child Reporting Act and
21 upon proof by clear and convincing evidence that the
22 licensee has caused a child to be an abused child or
23 neglected child as defined in the Abused and Neglected
24 Child Reporting Act.
25 (18) Physical or mental disability, including
26 deterioration through the aging process, or loss of
27 abilities and skills that which results in the inability
28 to practice the profession with reasonable judgment,
29 skill, or safety.
30 (19) Solicitation of professional services by using
31 false or misleading advertising.
32 (20) A finding that licensure has been applied for
33 or obtained by fraudulent means.
34 (21) Practicing or attempting to practice under a
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1 name other than the full name as shown on the license or
2 any other legally authorized name.
3 (22) Gross overcharging for professional services
4 including filing statements for collection of fees or
5 moneys monies for which services are not rendered.
6 (b) The Department shall deny any application for a
7 license, without hearing, or renewal under this Act to any
8 person who has defaulted on an educational loan guaranteed by
9 the Illinois Student Assistance Commission; however, the
10 Department may issue a license or renewal if the person in
11 default has established a satisfactory repayment record as
12 determined by the Illinois Student Assistance Commission.
13 (c) The determination by a circuit court that a licensee
14 is subject to involuntary admission or judicial admission, as
15 provided in the Mental Health and Developmental Disabilities
16 Code, operates as an automatic suspension. The suspension
17 will terminate only upon a finding by a court that the
18 patient is no longer subject to involuntary admission or
19 judicial admission and the issuance of an order so finding
20 and discharging the patient, and upon the recommendation of
21 the Board to the Director that the licensee be allowed to
22 resume his or her practice as a licensed marriage and family
23 therapist.
24 (d) The Department may refuse to issue or may suspend
25 the license of any person who fails to file a return, pay the
26 tax, penalty, or interest shown in a filed return or pay any
27 final assessment of tax, penalty, or interest, as required by
28 any tax Act administered by the Illinois Department of
29 Revenue, until the time the requirements of the tax Act are
30 satisfied.
31 (e) In enforcing this Section, the Department or Board
32 upon a showing of a possible violation may compel an
33 individual licensed to practice under this Act, or who has
34 applied for licensure under this Act, to submit to a mental
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1 or physical examination, or both, as required by and at the
2 expense of the Department. The Department or Board may order
3 the examining physician to present testimony concerning the
4 mental or physical examination of the licensee or applicant.
5 No information shall be excluded by reason of any common law
6 or statutory privilege relating to communications between the
7 licensee or applicant and the examining physician. The
8 examining physicians shall be specifically designated by the
9 Board or Department. The individual to be examined may have,
10 at his or her own expense, another physician of his or her
11 choice present during all aspects of this examination.
12 Failure of an individual to submit to a mental or physical
13 examination, when directed, shall be grounds for suspension
14 of his or her license until the individual submits to the
15 examination if the Department finds, after notice and
16 hearing, that the refusal to submit to the examination was
17 without reasonable cause.
18 If the Department or Board finds an individual unable to
19 practice because of the reasons set forth in this Section,
20 the Department or Board may require that individual to submit
21 to care, counseling, or treatment by physicians approved or
22 designated by the Department or Board, as a condition, term,
23 or restriction for continued, reinstated, or renewed
24 licensure to practice; or, in lieu of care, counseling, or
25 treatment, the Department may file, or the Board may
26 recommend to the Department to file, a complaint to
27 immediately suspend, revoke, or otherwise discipline the
28 license of the individual. An individual whose license was
29 granted, continued, reinstated, renewed, disciplined or
30 supervised subject to such terms, conditions, or
31 restrictions, and who fails to comply with such terms,
32 conditions, or restrictions, shall be referred to the
33 Director for a determination as to whether the individual
34 shall have his or her license suspended immediately, pending
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1 a hearing by the Department.
2 In instances in which the Director immediately suspends a
3 person's license under this Section, a hearing on that
4 person's license must be convened by the Department within 15
5 days after the suspension and completed without appreciable
6 delay. The Department and Board shall have the authority to
7 review the subject individual's record of treatment and
8 counseling regarding the impairment to the extent permitted
9 by applicable federal statutes and regulations safeguarding
10 the confidentiality of medical records.
11 An individual licensed under this Act and affected under
12 this Section shall be afforded an opportunity to demonstrate
13 to the Department or Board that he or she can resume practice
14 in compliance with acceptable and prevailing standards under
15 the provisions of his or her license.
16 (Source: P.A. 87-783; 87-1237.)
17 (225 ILCS 55/90) (from Ch. 111, par. 8351-90)
18 Sec. 90. Violations; injunctions; cease and desist
19 order.
20 (a) If any person violates a provision of this Act, the
21 Director may, in the name of the People of the State of
22 Illinois, through the Attorney General of the State of
23 Illinois, petition for an order enjoining the violation or
24 for an order enforcing compliance with this Act. Upon the
25 filing of a verified petition in court, the court may issue a
26 temporary 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,
31 and not in lieu of, all other remedies and penalties provided
32 by this Act.
33 (b) If any person practices as a marriage and family
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1 therapist or holds himself or herself out as such without
2 having a valid license certificate under this Act, then any
3 licensee, any interested party or any person injured thereby
4 may, in addition to the Director, petition for relief as
5 provided in subsection (a) of this Section.
6 (c) Whenever in the opinion of the Department any person
7 violates any provision of this Act, the Department may issue
8 a rule to show cause why an order to cease and desist should
9 not be entered against him or her. The rule shall clearly
10 set forth the grounds relied upon by the Department and shall
11 provide a period of 7 days from the date of the rule to file
12 an answer to the satisfaction of the Department. Failure to
13 answer to the satisfaction of the Department shall cause an
14 order to cease and desist to be issued immediately.
15 (Source: P.A. 87-783.)
16 (225 ILCS 55/95) (from Ch. 111, par. 8351-95)
17 Sec. 95. Investigation; notice and hearing. The
18 Department may investigate the actions or qualifications of
19 any person or persons holding or claiming to hold a license
20 certificate of registration. Before suspending, revoking,
21 placing on probationary status, or taking any other
22 disciplinary action as the Department may deem proper with
23 regard to any license or certificate of registration, at
24 least 30 days before the date set for the hearing, the
25 Department shall (i) notify the accused in writing of any
26 charges made and the time and place for a hearing on the
27 charges before the Board, (ii) direct him or her to file a
28 written answer to the charges with the Board under oath
29 within 20 days after the service on him or her of such
30 notice, and (iii) inform him or her that if he or she fails
31 to file an answer, default will be taken against him or her
32 and his or her license or certificate of registration may be
33 suspended, revoked, placed on probationary status, or other
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1 disciplinary action taken with regard to the license or
2 certificate, including limiting the scope, nature, or extent
3 of his or her practice, as the Department may deem proper. In
4 case the person, after receiving notice, fails to file an
5 answer, his or her license or certificate may, in the
6 discretion of the Department, be suspended, revoked, placed
7 on probationary status, or the Department may take whatever
8 disciplinary action deemed proper, including limiting the
9 scope, nature, or extent of the person's practice or the
10 imposition of a fine, without a hearing, if the act or acts
11 charged constitute sufficient for such action under this Act.
12 This written notice and any notice in the subsequent
13 proceedings may be served by personal delivery to the accused
14 person, or by registered or certified mail to the address
15 last specified by the accused in his last notification to the
16 Department. In case the person fails to file an answer after
17 receiving notice, his or her license or certificate may, in
18 the discretion of the Department, be suspended, revoked, or
19 placed on probationary status, or the Department may take
20 whatever disciplinary action deemed proper, including
21 limiting the scope, nature, or extent of the person's
22 practice or the imposition of a fine, without a hearing, if
23 the act or acts charged constitute sufficient grounds for
24 such action under this Act. The written answer shall be
25 served by personal delivery, certified delivery, or certified
26 or registered mail to the Department. At the time and place
27 fixed in the notice, the Department shall proceed to hear the
28 charges and the parties or their counsel shall be accorded
29 ample opportunity to present such statements, testimony,
30 evidence, and argument as may be pertinent to the charges or
31 to the defense thereto. The Department may continue such
32 hearing from time to time. At the discretion of the Director
33 after having first received the recommendation of the Board,
34 the accused person's license certificate of registration may
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1 be suspended or revoked, if the evidence constitutes
2 sufficient grounds for such action under this Act.
3 (Source: P.A. 87-783; 87-1031; 87-1237; 88-45.)
4 (225 ILCS 55/165) (from Ch. 111, par. 8351-165)
5 Sec. 165. Illinois Administrative Procedure Act. The
6 Illinois Administrative Procedure Act is expressly adopted
7 and incorporated in this Act as if all of the provisions of
8 that Act were included in this Act, except that the provision
9 of paragraph (d) of Section 10-65 of the Illinois
10 Administrative Procedure Act, which provides that at hearings
11 the license certificate holder has the right to show
12 compliance with all lawful requirements for retention,
13 continuation or renewal of the certificate, is specifically
14 excluded. For the purpose of this Act the notice required
15 under Section 10-25 of the Illinois Administrative Procedure
16 Act is deemed sufficient when mailed to the last known
17 address of a party.
18 (Source: P.A. 87-783; 88-670, eff. 12-2-94.)
19 (225 ILCS 55/50 rep.)
20 Section 25. The Marriage and Family Therapy Licensing Act
21 is amended by repealing Section 50.
22 Section 30. The Illinois Nursing Act of 1987 is amended
23 by changing Sections 3, 4, 7, 10, 11, 12, 14, 16, 17, 21, 23,
24 24, 25, 26, 27, 30, 32, 33, 35, 36, 37, 38, 39, 40, 42, 43,
25 and 47 as follows:
26 (225 ILCS 65/3) (from Ch. 111, par. 3503)
27 Sec. 3. Definitions. Each of the following terms, when
28 used in this Act, shall have the meaning ascribed to it in
29 this Section, except where the context clearly indicates
30 otherwise:
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1 (a) "Department" means the Department of Professional
2 Regulation;
3 (b) "Director" means the Director of the Department of
4 Professional Regulation;
5 (c) "Board Committee" means the Board of Committee on
6 Nursing appointed by the Director;
7 (d) "Academic year" means the customary annual schedule
8 of courses at a college, university, or approved school,
9 customarily regarded as the school year as distinguished from
10 the calendar year;
11 (e) "Approved program of professional nursing education"
12 and "approved program of practical nursing education" are
13 programs of professional or practical nursing, respectively,
14 approved by the Department under the provisions of this Act;
15 (f) "Nursing Act Coordinator" means a registered
16 professional nurse appointed by the Director to carry out the
17 administrative policies of the Department;
18 (g) "Assistant Nursing Act Coordinator" means a
19 registered professional nurse appointed by the Director to
20 assist in carrying out the administrative policies of the
21 Department;
22 (h) "Registered" is the equivalent of "licensed";
23 (i) "Practical nurse" or "licensed practical nurse"
24 means a person who is licensed as a practical nurse under
25 this Act and practices practical nursing as defined in
26 paragraph (j) of this Section. Only a practical nurse
27 licensed under this Act is entitled to use the title
28 "licensed practical nurse" and the abbreviation "L.P.N.";
29 (j) "Practical nursing" means the performance, for
30 compensation, of acts in the care of the ill, injured, or
31 infirmed, selected by and performed under the direction of a
32 registered professional nurse, licensed physician, dentist,
33 or podiatrist, requiring the basic nursing skill, judgment,
34 and knowledge acquired by means of a completed course of
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1 study in an approved practical nursing education program;
2 (k) "Registered nurse" or "registered professional
3 nurse" means a person who is licensed as a professional nurse
4 under this Act and practices nursing as defined in paragraph
5 (l) of this Section. Only a registered nurse licensed under
6 this Act is entitled to use the titles "registered nurse" and
7 "registered professional nurse" and the abbreviation, "R.N.";
8 (l) "Professional nursing" includes all its specialties,
9 and means the performance for compensation of any nursing
10 act, (1) in the nursing evaluation, observation, care, and
11 counsel of the ill, injured, or infirmed; (2) in the
12 maintenance of health or prevention of illness of others; (3)
13 in the administration of medications and treatments as
14 prescribed by a licensed physician, dentist, or podiatrist;
15 or (4) any act in the supervision or teaching of nursing,
16 which requires substantial, specialized judgment and skill
17 the proper performance of which is based on knowledge and
18 application of the principles of biological, physical, and
19 social science acquired by means of a completed course in an
20 approved school of professional nursing. The foregoing shall
21 not be deemed to include those acts of medical diagnosis or
22 prescription of therapeutic or corrective measures that which
23 are properly performed only by physicians licensed in the
24 State of Illinois; and
25 (m) "Current nursing practice update course" means a
26 planned nursing education curriculum approved by the
27 Department consisting of activities that which have
28 educational objectives, instructional methods, content or
29 subject matter, clinical practice, and evaluation methods,
30 related to basic review and updating content and specifically
31 planned for those nurses previously licensed in the United
32 States or its territories and preparing for reentry into
33 nursing practice.
34 (Source: P.A. 85-981.)
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1 (225 ILCS 65/4) (from Ch. 111, par. 3504)
2 Sec. 4. Policy; application of Act. For the protection of
3 life and the promotion of health, and the prevention of
4 illness and communicable diseases, any person practicing or
5 offering to practice professional and practical nursing in
6 Illinois shall submit evidence that he or she is qualified to
7 practice, and shall be licensed as hereinafter provided under
8 this Act. No person shall practice or offer to practice
9 professional or practical nursing in Illinois or use any
10 title, sign, card or device to indicate that such a person is
11 practicing professional or practical nursing unless such
12 person has been licensed under the provisions of this Act.
13 This Act does not prohibit the following:
14 (a) The practice of nursing in Federal employment in the
15 discharge of the employee's duties by a person who is
16 employed by the United States government or any bureau,
17 division or agency thereof and is a legally qualified and
18 licensed nurse of another state or territory and not in
19 conflict with Sections 6, 12, 13, and 25 of this Act;
20 (b) Nursing that which is included in their program of
21 study by students enrolled in programs of nursing or in
22 current nurse practice update courses approved by the
23 Department;
24 (c) The furnishing of nursing assistance in an
25 emergency;
26 (d) The practice of nursing by a nurse who holds an
27 active license in another state when providing services to
28 patients in Illinois during a bonafide emergency or in
29 immediate preparation for or during interstate transit;
30 (e) The incidental care of the sick by members of the
31 family, domestic servants or housekeepers, or care of the
32 sick where treatment is by prayer or spiritual means;
33 (f) Persons from being employed as nursing aides,
34 attendants, orderlies and other auxiliary workers in private
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1 homes, long term care facilities, nurseries, hospitals or
2 other institutions;
3 (g) The practice of practical nursing by one who has
4 applied in writing to the Department in form and substance
5 satisfactory to the Department, for a license as a licensed
6 practical nurse and has complied with all the provisions
7 under Section 12 13, except the passing of an examination to
8 be eligible to receive such license, until: the decision of
9 the Department that the applicant has failed to pass the next
10 available examination authorized by the Department, or
11 failed, without an approved excuse, to take the next
12 available examination authorized by the Department, or the
13 withdrawal of the application, not to exceed 3 months. No
14 applicant for licensure practicing under the provisions of
15 this paragraph shall practice practical nursing except under
16 the direct supervision of a registered professional nurse
17 licensed under this Act or a licensed physician, dentist or
18 podiatrist. In no instance shall any such applicant practice
19 or be employed in any supervisory capacity;
20 (h) The practice of practical nursing by one who is a
21 licensed practical nurse under the laws of another U.S.
22 jurisdiction and has applied in writing to the Department, in
23 form and substance satisfactory to the Department, for a
24 license as a licensed practical nurse and who is qualified to
25 receive such license under Section 12 13, until: (1) the
26 expiration of 6 months after the filing of such written
27 application, or (2) the withdrawal of such application, or
28 (3) the denial of such application by the Department;
29 (i) The practice of professional nursing by one who has
30 applied in writing to the Department in form and substance
31 satisfactory to the Department for a license as a registered
32 professional nurse and has complied with all the provisions
33 under Section 12 except the passing of an examination to be
34 eligible to receive such license until: the decision of the
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1 Department that the applicant has failed to pass the next
2 available examination authorized by the Department, or
3 failed, without an approved excuse, to take the next
4 available examination authorized by the Department or the
5 withdrawal of the application, not to exceed 3 months. No
6 applicant for licensure practicing under the provisions of
7 this paragraph shall practice professional nursing except
8 under the direct supervision of a registered professional
9 nurse licensed under this Act. In no instance shall any such
10 applicant practice or be employed in any supervisory
11 capacity;
12 (j) The practice of professional nursing by one who is a
13 registered professional nurse under the laws of another
14 state, territory of the United States or country and has
15 applied in writing to the Department, in form and substance
16 satisfactory to the Department, for a license as a registered
17 professional nurse and who is qualified to receive such
18 license under Section 12, until: (1) the expiration of 6 12
19 months after the filing of such written application, or (2)
20 the withdrawal of such application, or (3) the denial of such
21 application by the Department;
22 (k) The practice of professional nursing that which is
23 included in a program of study by one who is a registered
24 professional nurse under the laws of another state or
25 territory of the United States or foreign country, territory
26 or province and who is enrolled in a graduate nursing
27 education program or a program for the completion of a
28 baccalaureate nursing degree in this State which program
29 includes clinical supervision by faculty as determined by the
30 educational institution offering the program and the health
31 care organization where the practice of nursing occurs. The
32 educational institution will file with the Department each
33 academic term a list of the names and origin of license of
34 all professional nurses practicing nursing as part of their
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1 programs under this provision; or
2 (l) Any person licensed in this State under any other
3 Act from engaging in the practice for which she or he is
4 licensed.
5 An applicant for license practicing under the exceptions
6 set forth in subparagraphs (g), (h), (i), and (j) of this
7 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
8 Pend. respectively and no other.
9 (Source: P.A. 85-981.)
10 (225 ILCS 65/7) (from Ch. 111, par. 3507)
11 Sec. 7. Board.
12 (a) The Director shall appoint the Board Committee which
13 shall be composed of 9 registered professional nurses, 2
14 licensed practical nurses and one public member who shall be
15 a non-voting member and who is not a licensed health care
16 provider. Three registered nurses shall hold at least a
17 master's degree in nursing and be educators in professional
18 nursing programs, one representing baccalaureate nursing
19 education, one representing associate degree nursing
20 education, and one representing diploma education; one
21 registered nurse shall hold at least a bachelor's degree with
22 a major in nursing and be an educator in a licensed practical
23 nursing program; one registered nurse shall hold a master's
24 degree in nursing and shall represent nursing service
25 administration; 2 registered nurses shall represent clinical
26 nursing practice, one of whom shall have at least a master's
27 degree in nursing; and 2 registered nurses shall represent
28 advanced specialty practice. Each of the 11 nurses shall have
29 had a minimum of 5 years experience in nursing, 3 three of
30 which shall be in the area they represent on the Board
31 committee and be actively engaged in the area of nursing they
32 represent at the time of appointment and during their tenure
33 on the Board Committee. Members shall be appointed for a
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1 term of 3 years. No member shall be eligible for appointment
2 to more than 2 consecutive terms and any appointment to fill
3 a vacancy shall be for the unexpired portion of the term. In
4 making Board Committee appointments, the Director shall give
5 consideration to recommendations submitted by nursing
6 organizations. Consideration shall be given to equal
7 geographic representation. The Board Committee shall receive
8 actual and necessary expenses incurred in the performance of
9 their duties.
10 In making the initial appointments, the Director shall
11 appoint all new members for terms of 2, 3 and 4 years and
12 such terms shall be staggered as follows: 3 shall be
13 appointed for terms of 2 years; 3 shall be appointed for
14 terms of 3 years;, and 3 shall be appointed for terms of 4
15 years. However, such appointment shall be made in a manner
16 so that each member appointed prior to January 1, 1987, whose
17 current appointed term has not expired, will be allowed to
18 serve out the remainder of his or her term.
19 The Director may remove any member of the Board committee
20 for misconduct, incapacity, or neglect of duty. The Director
21 shall reduce to writing any causes for removal.
22 The Board Committee shall meet annually to elect a
23 chairperson and vice chairperson. The Board Committee may
24 hold such other meetings during the year as may be necessary
25 to conduct its business. Six voting members of the Board
26 Committee shall constitute a quorum at any meeting. Any
27 action taken by the Board Committee must be on the
28 affirmative vote of 6 members. Voting by proxy shall not be
29 permitted.
30 The Board Committee shall submit an annual report to the
31 Director.
32 The members of the Board Committee shall be immune from
33 suit in any action based upon any disciplinary proceedings or
34 other acts performed in good faith as members of the Board
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1 Committee.
2 (b) The Board Committee is authorized to:
3 (1) recommend the adoption and, from time to time,
4 the revision of such rules that and regulations which may
5 be necessary to carry out the provisions of this Act;
6 (2) conduct hearings and disciplinary conferences
7 upon charges calling for discipline of a licensee as
8 provided in Section 25;
9 (3) report to the Department, upon completion of a
10 hearing, the disciplinary actions recommended to be taken
11 against persons violating this Act;
12 (4) recommend the approval, denial of approval,
13 withdrawal of approval, or discipline of nursing
14 education programs;
15 (5) participate in a national organization of state
16 boards of nursing; and
17 (6) recommend a list of the registered nurses to
18 serve as Nursing Act Coordinator and Assistant Nursing
19 Act Coordinator, respectively.
20 (Source: P.A. 87-268.)
21 (225 ILCS 65/10) (from Ch. 111, par. 3510)
22 Sec. 10. Department powers and duties.
23 (a) The Department shall exercise the powers and duties
24 prescribed by the Civil Administrative Code of Illinois for
25 administration of licensing acts and shall exercise such
26 other powers and duties necessary for effectuating the
27 purpose of this Act. None of the functions, powers or duties
28 of the Department with respect to licensure and examination,
29 shall be exercised by the Department except upon review by
30 the Board Committee. The Department shall promulgate rules
31 to implement, interpret, or make specific the provisions and
32 purposes of this Act; however no such rulemaking shall be
33 promulgated by the Department except upon review by the Board
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1 the affirmative vote of 5 members of the Committee.
2 (b) The Department shall:
3 (1) (blank); Issue quarterly to the Committee a
4 report of the status of all formal complaints filed by
5 the Department and significant issues as determined by
6 the Committee.
7 (2) prepare and maintain a list of approved
8 programs of professional nursing education and programs
9 of practical nursing education in this State, whose
10 graduates, if they have the other necessary
11 qualifications provided in this Act, shall be eligible to
12 apply for a license to practice nursing in this State;
13 (3) promulgate rules defining what constitutes an
14 approved program of professional nursing education and
15 what constitutes an approved program of practical nursing
16 education; and
17 (4) promulgate rules for examination of candidates
18 for licenses; and for issuance of licenses authorizing
19 candidates upon passing an examination to practice under
20 this Act.
21 (Source: P.A. 85-981.)
22 (225 ILCS 65/11) (from Ch. 111, par. 3511)
23 Sec. 11. Nursing Act Coordinator. The Department shall
24 obtain, pursuant to the Personnel Code, as amended, a Nursing
25 Act Coordinator and assistants. The Nursing Act Coordinator
26 and assistants shall be professional nurses licensed in this
27 State and graduated from approved schools of nursing, and
28 each shall have been actively engaged in nursing education
29 not less than one year prior to appointment. The Nursing Act
30 Coordinator shall hold at least a master's degree in nursing
31 from an approved college or university; and have at least 5
32 years' experience since graduation in progressively
33 responsible positions in nursing education. Each assistant
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1 shall hold at least a master's degree in nursing from an
2 approved college or university; and have at least 3 years'
3 experience since graduation in progressively responsible
4 positions in nursing education. The Nursing Act Coordinator
5 and assistants shall perform such administrative functions as
6 may be delegated to them by the Director.
7 (Source: P.A. 85-981.)
8 (225 ILCS 65/12) (from Ch. 111, par. 3512)
9 Sec. 12. Qualifications for licensure.
10 (a) Each applicant who successfully meets the
11 requirements of this Section shall be entitled to licensure
12 as a Registered Nurse or Licensed Practical Nurse, whichever
13 is applicable.
14 (b) An applicant for licensure by examination to
15 practice as a registered nurse or licensed practical nurse
16 shall:
17 (1) submit a completed written application, on
18 forms provided by the Department and fees as established
19 by the Department;
20 (2) for registered nurse licensure, have completed
21 an approved professional nursing education program of not
22 less than 2 academic years and have graduated from the
23 program; for licensed practical nurse licensure, have
24 completed an approved practical nursing education program
25 of not less than one academic year and have graduated
26 from the program;
27 (3) have not violated the provisions of Section 25
28 of this Act. The Department may take into consideration
29 any felony conviction of the applicant, but such a
30 conviction shall not operate as an absolute bar to
31 licensure;
32 (4) meet all other requirements as established by
33 rule;
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1 (5) pay, either to the Department or its designated
2 testing service, a fee covering the cost of providing the
3 examination. Failure to appear for the examination on the
4 scheduled date at the time and place specified after the
5 applicant's application for examination has been received
6 and acknowledged by the Department or the designated
7 testing service shall result in the forfeiture of the
8 examination fee.
9 If an applicant neglects, fails, or refuses to take an
10 examination or fails to pass an examination for a license
11 under this Act within 3 years after filing the application,
12 the application shall be denied. However, the applicant may
13 make a new application accompanied by the required fee and
14 provide evidence of meeting the requirements in force at the
15 time of the new application.
16 An applicant shall have one year from the date of
17 notification of successful completion of the examination to
18 apply to the Department for a license. If an applicant fails
19 to apply within one year, the applicant shall be required to
20 again take and pass the examination unless licensed in
21 another jurisdiction of the United States within 2 years of
22 passing the examination.
23 (c) An applicant for licensure who is a registered
24 professional nurse or a licensed practical nurse licensed by
25 examination under the laws of another state or territory of
26 the United States shall:
27 (1) submit a completed written application, on
28 forms supplied by the Department, and fees as established
29 by the Department;
30 (2) for registered nurse licensure, have completed
31 an approved professional nursing education program of not
32 less than 2 academic years and have graduated from the
33 program; for licensed practical nurse licensure, have
34 completed an approved practical nursing education program
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1 of not less than one academic year and have graduated
2 from the program;
3 (3) submit verification of licensure status
4 directly from the United States jurisdiction of
5 licensure;
6 (4) have passed the examination authorized by the
7 Department;
8 (5) meet all other requirements as established by
9 rule.
10 (d) All applicants for licensure pursuant to this
11 Section who are graduates of nursing educational programs in
12 a country other than the United States or its territories
13 must submit to the Department certification of successful
14 completion of the Commission of Graduates of Foreign Nursing
15 Schools (CGFNS) examination. An applicant, who is unable to
16 provide appropriate documentation to satisfy CGFNS of her or
17 his educational qualifications for the CGFNS examination,
18 shall be required to pass an examination to test competency
19 in the English language which shall be prescribed by the
20 Department, if the applicant is determined by the Board to be
21 educationally prepared in nursing. The Board shall make
22 appropriate inquiry into the reasons for any adverse
23 determination by CGFNS before making its own decision.
24 An applicant licensed in another state or territory who
25 is applying for licensure and has received her or his
26 education in a country other than the United States or its
27 territories shall be exempt from the completion of the
28 Commission of Graduates of Foreign Nursing Schools (CGFNS)
29 examination if the applicant meets all of the following
30 requirements:
31 (1) successful passage of the licensure examination
32 authorized by the Department;
33 (2) holds an active, unencumbered license in
34 another state; and
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1 (3) has been actively practicing for a minimum of 2
2 years in another state.
3 (e) No applicant shall be issued a license as a
4 registered nurse or practical nurse under this Section unless
5 he or she has passed the examination authorized by the
6 Department within 3 years of completion and graduation from
7 an approved nursing education program, unless such applicant
8 submits proof of successful completion of a
9 Department-authorized remedial nursing education program or
10 recompletion of an approved registered nursing program or
11 licensed practice nursing program, as appropriate.
12 (f) Pending the issuance of a license under subsection
13 (b) of this Section, the Department may grant an applicant a
14 temporary license to practice nursing as a registered nurse
15 or as a licensed practical nurse if the Department is
16 satisfied that the applicant holds an active, unencumbered
17 license in good standing in another jurisdiction. If the
18 applicant holds more than one current active license, or one
19 or more active temporary licenses from other jurisdictions,
20 the Department shall not issue a temporary license until it
21 is satisfied that each current active license held by the
22 applicant is unencumbered. The temporary license, which
23 shall be issued no later than 14 working days following
24 receipt by the Department of an application for the temporary
25 license, shall be granted upon the submission of the
26 following to the Department:
27 (1) a signed and completed application for
28 licensure under subsection (a) of this Section as a
29 registered nurse or a licensed practical nurse;
30 (2) proof of a current, active license in at least
31 one other jurisdiction and proof that each current active
32 license or temporary license held by the applicant is
33 unencumbered;
34 (3) a signed and completed application for a
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1 temporary license; and
2 (4) the required permit fee.
3 (g) The Department may refuse to issue an applicant a
4 temporary license authorized pursuant to this Section if,
5 within 14 working days following its receipt of an
6 application for a temporary license, the Department
7 determines that:
8 (1) the applicant has been convicted of a crime
9 under the laws of a jurisdiction of the United States:
10 (i) which is a felony; or (ii) which is a misdemeanor
11 directly related to the practice of the profession,
12 within the last 5 years;
13 (2) within the last 5 years the applicant has had a
14 license or permit related to the practice of nursing
15 revoked, suspended, or placed on probation by another
16 jurisdiction, if at least one of the grounds for
17 revoking, suspending, or placing on probation is the same
18 or substantially equivalent to grounds in Illinois; or
19 (3) it intends to deny licensure by endorsement.
20 For purposes of this Section, an "unencumbered license"
21 means a license against which no disciplinary action has been
22 taken or is pending and for which all fees and charges are
23 paid and current.
24 (h) The Department may revoke a temporary license issued
25 pursuant to this Section if:
26 (1) it determines that the applicant has been
27 convicted of a crime under the law of any jurisdiction of
28 the United States that is (i) a felony or (ii) a
29 misdemeanor directly related to the practice of the
30 profession, within the last 5 years;
31 (2) it determines that within the last 5 years the
32 applicant has had a license or permit related to the
33 practice of nursing revoked, suspended, or placed on
34 probation by another jurisdiction, if at least one of the
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1 grounds for revoking, suspending, or placing on probation
2 is the same or substantially equivalent to grounds in
3 Illinois; or
4 (3) it determines that it intends to deny licensure
5 by endorsement.
6 A temporary license or renewed temporary license shall
7 expire (i) upon issuance of an Illinois license or (ii) upon
8 notification that the Department intends to deny licensure by
9 endorsement. A temporary license shall expire 6 months from
10 the date of issuance. Further renewal may be granted by the
11 Department in hardship cases, as defined by rule. However, a
12 temporary license shall automatically expire upon issuance of
13 the Illinois license or upon notification that the Department
14 intends to deny licensure, whichever occurs first. No
15 extensions shall be granted beyond the 6-month period unless
16 approved by the Director. Notification by the Department
17 under this Section shall be by certified or registered mail.
18 The Department shall issue a license to a person qualified
19 for licensure as a registered professional nurse if that
20 person:
21 (a) has applied in writing in form and substance
22 acceptable to the Department and has not violated the
23 provisions of Section 25 of this Act. The Department may
24 take into consideration any felony conviction of the
25 applicant, but such a conviction shall not operate as an
26 absolute bar to licensure;
27 (b) has completed an approved professional nursing
28 education program of not less than 2 academic years and
29 has graduated from the program;
30 (c) has satisfactorily completed an examination
31 authorized by the Department; and
32 (d) has paid the required fees.
33 An applicant who received her or his nursing education in
34 a country other than the United States or its territories
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1 shall be required to submit to the Department certification
2 of successful completion of the Commission of Graduates of
3 Foreign Nursing Schools (CGFNS) Examination. An applicant
4 who is unable to provide appropriate documentation to satisfy
5 CGFNS of her or his educational qualifications for the CGFNS
6 examination shall be required to pass an examination to test
7 competency in the English language which shall be prescribed
8 by the Department, if determined by the Committee to be
9 educationally prepared in nursing.
10 An applicant licensed in another State or territory who
11 is applying for licensure and has received his or her
12 education in a country other than the United States or its
13 territories shall be exempt from completion of the Commission
14 of Graduates of Foreign Nursing Schools (CGFNS) Examination
15 if the applicant meets all of the following requirements:
16 (1) successful passage of the examination
17 authorized by the Department;
18 (2) holds an active, unencumbered license in
19 another state; and
20 (3) has been actively practicing for a minimum of 2
21 years in the other state.
22 The Committee shall make appropriate inquiry into the
23 reasons for any adverse determination by CGFNS before making
24 its own decision.
25 (Source: P.A. 88-218.)
26 (225 ILCS 65/14) (from Ch. 111, par. 3514)
27 Sec. 14. Except for those applicants who have received
28 advanced graduate degrees in nursing from an approved program
29 with concurrent theory and clinical practice, the educational
30 requirements of Section 12 relating to registered
31 professional nursing and of Section 13 relating to licensed
32 practical nursing shall not be deemed to have been satisfied
33 by the completion of any correspondence course or any program
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1 of nursing that which does not require coordinated or
2 concurrent theory and clinical practice.
3 (Source: P.A. 88-595, eff. 8-26-94.)
4 (225 ILCS 65/16) (from Ch. 111, par. 3516)
5 Sec. 16. Expiration of license; renewal. The expiration
6 date and renewal period for each license issued under this
7 Act shall be set by rule. The holder of a license may renew
8 the license such certificate during the month preceding the
9 expiration date of the license thereof by paying the required
10 fee. It is the responsibility of the licensee to notify the
11 Department in writing of a change of address.
12 (Source: P.A. 85-981.)
13 (225 ILCS 65/17) (from Ch. 111, par. 3517)
14 Sec. 17. Restoration of license; temporary permit.
15 (a) Any license issued under this Act that which has
16 expired or that which is on inactive status may be restored
17 by making application to the Department and filing proof of
18 fitness acceptable to the Department as specified by rule, to
19 have the license restored, and by paying the required
20 restoration fee. Such proof of fitness may include evidence
21 certifying to active lawful practice in another jurisdiction.
22 However, any license issued under this Act that which
23 expired while the licensee was (1) in federal service on
24 active duty with the Armed Forces of the United States, or
25 the State Militia called into service or training, or (2) in
26 training or education under the supervision of the United
27 States preliminary to induction into the military service,
28 may have the license restored without paying any lapsed
29 renewal fees if within 2 years after honorable termination of
30 such service, training, or education, the applicant furnishes
31 the Department with satisfactory evidence to the effect that
32 the applicant has been so engaged and that the individual's
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1 service, training, or education has been so terminated.
2 Any licensee who shall engage in the practice of nursing
3 with a lapsed license or while on inactive status shall be
4 considered to be practicing without a license which shall be
5 grounds for discipline under Section 25 of this Act.
6 (b) Pending restoration of a license under subsection
7 (a) of this Section, the Department may grant an applicant a
8 temporary license permit to practice nursing as a registered
9 nurse or as a licensed practical nurse if the Department is
10 satisfied that the applicant holds an active, unencumbered
11 license in good standing in another jurisdiction. If the
12 applicant holds more than one current active license, or one
13 or more active temporary licenses permits from other
14 jurisdictions, the Department shall not issue a temporary
15 license permit until it is satisfied that each current active
16 license and permit held by the applicant is unencumbered. The
17 temporary license permit, which shall be issued no later than
18 14 working days following receipt by the Department of an
19 application for the license therefore, shall be granted upon
20 the submission of the following to the Department:
21 (1) a signed and completed application for
22 restoration of licensure under this Section as a
23 registered nurse or a licensed practical nurse;
24 (2) proof of (i) a current, active license in at
25 least one other jurisdiction and proof that each current,
26 active license or temporary permit held by the applicant
27 is unencumbered or (ii) fitness to practice nursing in
28 Illinois as specified by rule;
29 (3) a signed and completed application for a
30 temporary permit; and
31 (4) the required permit fee of $25.
32 (c) The Department may refuse to issue to an applicant a
33 temporary permit authorized under this Section if, within 14
34 working days following its receipt of an application for a
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1 temporary permit, the Department determines that:
2 (1) the applicant has been convicted within the
3 last 5 years of any crime under the laws of any
4 jurisdiction of the United States that is (i) a felony
5 or (ii) a misdemeanor directly related to the practice of
6 the profession;
7 (2) within the last 5 years the applicant had a
8 license or permit related to the practice of nursing
9 revoked, suspended, or placed on probation by another
10 jurisdiction if at least one of the grounds for revoking,
11 suspending, or placing on probation is the same or
12 substantially equivalent to grounds in Illinois; or
13 (3) it is determined by the Department that it
14 intends to deny restoration of the license.
15 For purposes of this Section, an "unencumbered license"
16 means any license against which no disciplinary action has
17 been taken or is pending and for which all fees and charges
18 are paid and current.
19 (d) The Department may revoke a temporary permit issued
20 under this Section if:
21 (1) it determines that the applicant has been
22 convicted within the last 5 years of any crime under the
23 law of any jurisdiction of the United States that is (i)
24 a felony or (ii) a misdemeanor directly related to the
25 practice of the profession;
26 (2) within the last 5 years the applicant had a
27 license or permit related to the practice of nursing
28 revoked, suspended, or placed on probation by another
29 jurisdiction, if at least one of the grounds for
30 revoking, suspending, or placing on probation is the same
31 or substantially equivalent to grounds in Illinois; or
32 (3) it is determined by the Department that it
33 intends to deny restoration of the license.
34 A temporary permit or renewed temporary permit shall
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1 expire (i) upon issuance of an Illinois license or (ii) upon
2 notification that the Department intends to deny restoration
3 of licensure. A temporary permit shall expire 6 months from
4 the date of issuance. Further renewal may be granted by the
5 Department, in hardship cases, that shall automatically
6 expire upon issuance of the Illinois license or upon
7 notification that the Department intends to deny licensure,
8 whichever occurs first. No extensions shall be granted beyond
9 the 6 months period unless approved by the Director.
10 Notification by the Department under this Section shall be by
11 certified or registered mail.
12 (Source: P.A. 86-615; 87-1156.)
13 (225 ILCS 65/21) (from Ch. 111, par. 3521)
14 Sec. 21. Returned checks; fines. Any person who delivers
15 a check or other payment to the Department that is returned
16 to the Department unpaid by the financial institution upon
17 which it is drawn shall pay to the Department, in addition to
18 the amount already owed to the Department, a fine of $50. If
19 the check or other payment was for a renewal or issuance fee
20 and that person practices without paying the renewal fee or
21 issuance fee and the fine due, an additional fine of $100
22 shall be imposed. The fines imposed by this Section are in
23 addition to any other discipline provided under this Act for
24 unlicensed practice or practice on a nonrenewed license. The
25 Department shall notify the person that payment of fees and
26 fines shall be paid to the Department by certified check or
27 money order within 30 calendar days of the notification. If,
28 after the expiration of 30 days from the date of the
29 notification, the person has failed to submit the necessary
30 remittance, the Department shall automatically terminate the
31 license or certificate or deny the application, without
32 hearing. If, after termination or denial, the person seeks a
33 license or certificate, he or she shall apply to the
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1 Department for restoration or issuance of the license or
2 certificate and pay all fees and fines due to the Department.
3 The Department may establish a fee for the processing of an
4 application for restoration of a license or certificate to
5 pay all expenses of processing this application. The Director
6 may waive the fines due under this Section in individual
7 cases where the Director finds that the fines would be
8 unreasonable or unnecessarily burdensome.
9 (Source: P.A. 86-596; 87-1031.)
10 (225 ILCS 65/23) (from Ch. 111, par. 3523)
11 Sec. 23. Fees. The following fees are not refundable:
12 (a) The Department shall provide by rule for a schedule
13 of fees to be paid for licenses by all applicants.
14 (a-5) Except as provided in subsection (b), the fees for
15 the administration and enforcement of this Act, including but
16 not limited to original licensure, renewal, and restoration,
17 shall be set by rule. The fees shall not be refundable. The
18 fee for application for a Certificate of Registration as a
19 registered professional nurse and a licensed practical nurse
20 is $50.
21 (b) In addition, applicants for any examination as a
22 Registered Professional Nurse or a Licensed Practical Nurse
23 shall be required to pay, either to the Department or to the
24 designated testing service, a fee covering the cost of
25 providing the examination. Failure to appear for the
26 examination on the scheduled date, at the time and place
27 specified, after the applicant's application for examination
28 has been received and acknowledged by the Department or the
29 designated testing service, shall result in the forfeiture of
30 the examination fee.
31 (c) The fee for the renewal of a Certificate of
32 Registration shall be calculated at the rate of $20 per year.
33 (d) The fee for the restoration of a certificate of
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1 registration other than from inactive status is $15 plus
2 payment of all lapsed renewal fees, but not to exceed $60.
3 (e) The fee for a license issued under the provisions of
4 Section 20, to a nurse licensed by examination under the laws
5 of another United States jurisdiction is $50.
6 (f) The fee for the issuance of a duplicate license, for
7 the issuance of a replacement license for a license which has
8 been lost or destroyed or for the issuance of a license with
9 a change of name or address other than during the renewal
10 period is $15. No fee is required for name and address
11 changes on Department records when no duplicate certificate
12 is issued.
13 (g) The fee for a certification of a registrant's record
14 for any purpose is $15.
15 (h) The fee to have the scoring of an examination
16 authorized by the Department reviewed and verified is $15
17 plus any fees charged by the applicable testing service.
18 (i) The fee for a wall certificate showing registration
19 shall be the actual cost of producing such certificate.
20 (j) The fee for a roster of persons registered as
21 Registered Professional Nurse in this State shall be the
22 actual cost of producing such a roster.
23 (k) All of the fees collected by the Department pursuant
24 to this Section shall be paid into the Nursing Dedicated and
25 Professional Fund.
26 (l) The fee for nurse licensing, disciplinary or
27 investigative records obtained pursuant to a subpoena is $1
28 per page.
29 (Source: P.A. 86-596; 86-1475.)
30 (225 ILCS 65/24) (from Ch. 111, par. 3524)
31 Sec. 24. Fund. There is hereby created within the State
32 Treasury the Nursing Dedicated and Professional Fund. The
33 monies in the Fund may shall be used by and at the direction
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1 of the Department for the administration and enforcement of
2 this Act, including but not limited to:
3 (a) Distribution and publication of "the Illinois
4 Nursing Act" of 1987 and the rules and regulations at the
5 time of renewal to all Registered Professional Nurses and
6 Licensed Practical Nurses licensed by the Department.;
7 (b) Employment of secretarial, nursing,
8 administrative, enforcement, and other staff research
9 assistance for the administration of this Act. After
10 January 1, 1991, the Director shall employ, in conformity
11 with the Personnel Code, one full-time investigator for
12 every 10,000 nurses licensed to practice in the State;
13 (c) Conducting a survey, as prescribed by rule of
14 the Department, once every 4 years during the license
15 renewal period. Surveying, every license renewal period,
16 the nurse population of Illinois, its employment,
17 earnings, distribution, education and other professional
18 and demographic characteristics, and for the publication
19 and distribution of the survey; and
20 (d) Conducting of training seminars for licensees
21 under this Act relating to the obligations,
22 responsibilities, enforcement and other provisions of the
23 Act and its rules the regulations thereunder.
24 (e) Disposition of Fees:
25 (i) (Blank) Until January 1, 1991, 50% of the
26 fees collected pursuant to this Act shall be
27 deposited in the Nursing Dedicated and Professional
28 Fund and 50% shall be deposited in the General
29 Revenue Fund.
30 (ii) On or after January 1, 1991, All of the
31 fees and fines collected pursuant to this Act shall
32 be deposited in the Nursing Dedicated and
33 Professional Fund.
34 (iii) For the fiscal year beginning July 1,
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1 1988, the moneys monies deposited in the Nursing
2 Dedicated and Professional Fund shall be
3 appropriated to the Department for expenses of the
4 Department and the Board Committee in the
5 administration of this Act. All earnings received
6 from investment of moneys monies in the Nursing
7 Dedicated and Professional Fund shall be deposited
8 in the Nursing Dedicated and Professional Fund and
9 shall be used for the same purposes as fees
10 deposited in the Fund.
11 (iv) For the fiscal year beginning July 1,
12 1991 and for each fiscal year thereafter, either 10%
13 of the moneys monies deposited in the Nursing
14 Dedicated and Professional Fund each year, not
15 including interest accumulated on such moneys
16 monies, or any moneys monies deposited in the Fund
17 in each year which are in excess of the amount
18 appropriated in that year to meet ordinary and
19 contingent expenses of the Board Committee,
20 whichever is less, shall be set aside and
21 appropriated to the Illinois Department of Public
22 Health for nursing scholarships awarded pursuant to
23 the Nursing Education Scholarship Law.
24 (v) Moneys in the Fund may be transferred to
25 the Professions Indirect Cost Fund as authorized
26 under Section 61e of the Civil Administrative Code
27 of Illinois.
28 In addition to any other permitted use of moneys in the
29 Fund, and notwithstanding any restriction on the use of the
30 Fund, moneys in the Nursing Dedicated and Professional Fund
31 may be transferred to the General Revenue Fund as authorized
32 by this amendatory Act of 1992. The General Assembly finds
33 that an excess of moneys exists in the Fund. On February 1,
34 1992, the Comptroller shall order transferred and the
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1 Treasurer shall transfer $200,000 (or such lesser amount as
2 may be on deposit in the Fund and unexpended and unobligated
3 on that date) from the Fund to the General Revenue Fund.
4 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
5 89-626, eff. 8-9-96.)
6 (225 ILCS 65/25) (from Ch. 111, par. 3525)
7 Sec. 25. Grounds for disciplinary action.
8 (a) The Department may, upon recommendation of the Board
9 Committee on Nursing, refuse to issue or to renew, or may
10 revoke, suspend, place on probation, reprimand, or take other
11 disciplinary action as the Department may deem appropriate,
12 with regard to a license for any one or a combination of the
13 causes set forth in subsection (b) below in 25(b). Fines up
14 to $2,500 may be imposed in conjunction with other forms of
15 disciplinary action for those violations that which result in
16 monetary gain for the licensee. Fines shall not be the
17 exclusive disposition of any disciplinary action arising out
18 of conduct resulting in death or injury to a patient. Fines
19 shall not be assessed in disciplinary actions involving
20 mental or physical illness or impairment. All fines
21 collected under this Section shall be deposited in the
22 Nursing Dedicated and Professional Fund.
23 (b) The causes for disciplinary action are:
24 (1) 1. Material deception in furnishing information
25 to the Department.;
26 (2) 2. Material violations of any provision of this
27 Act or of the Illinois Nursing Act, prior to the repeal
28 of this Act, or violation of the rules of or final
29 administrative action of the Director, after
30 consideration of the recommendation of the Board.
31 Committee;
32 (3) 3. Conviction of any crime under the laws of
33 any jurisdiction of the United States: (i) which is a
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1 felony; or (ii) which is a misdemeanor, an essential
2 element of which is dishonesty, or (iii) of any crime
3 which is directly related to the practice of the
4 profession.;
5 (4) 4. A pattern of practice or other behavior
6 which demonstrates incapacity or incompetency to practice
7 under this Act.;
8 (5) 5. Knowingly aiding or assisting another person
9 in violating any provision of this Act or rules.;
10 (6) 6. Failing, within 90 days, to provide a
11 response to a request for information in response to a
12 written request made by the Department by certified
13 mail.;
14 (7) 7. Engaging in dishonorable, unethical or
15 unprofessional conduct of a character likely to deceive,
16 defraud or harm the public, as defined by rule.;
17 (8) 8. Unlawful sale or distribution of any drug,
18 narcotic, or prescription device, or unlawful conversion
19 of any drug, narcotic or prescription device.;
20 (9) 9. Habitual or excessive use or addiction to
21 alcohol, narcotics, stimulants, or any other chemical
22 agent or drug which results in a nurses inability to
23 practice with reasonable judgment, skill or safety.;
24 (10) 10. Discipline by another U.S. jurisdiction or
25 foreign nation, if at least one of the grounds for the
26 discipline is the same or substantially equivalent to
27 those set forth in this Section. herein;
28 (11) 11. A finding that the licensee, after having
29 her or his license placed on probationary status, has
30 violated the terms of probation.;
31 (12) 12. Being named as a perpetrator in an
32 indicated report by the Department of Children and Family
33 Services and under the Abused and Neglected Child
34 Reporting Act, and upon proof by clear and convincing
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1 evidence that the licensee has caused a child to be an
2 abused child or neglected child as defined in the Abused
3 and Neglected Child Reporting Act.;
4 (13) 13. Willful omission to file or record, or
5 willfully impeding the filing or recording or inducing
6 another person to omit to file or record medical reports
7 as required by law or willfully failing to report an
8 instance of suspected child abuse or neglect as required
9 by the Abused and Neglected Child Reporting Act.;
10 (14) 14. Gross negligence in the practice of
11 nursing.;
12 (15) 15. Holding oneself out to be practicing
13 nursing under any name other than one's own.;
14 (16) 16. Fraud, deceit or misrepresentation in
15 applying for or procuring a license under this Act or in
16 connection with applying for renewal of a license under
17 this Act.;
18 (17) 17. Allowing another person or organization to
19 use the licensees' license to deceive the public.;
20 (18) 18. Willfully making or filing false records
21 or reports in the licensee's practice as a nurse,
22 including, but not limited to, false records to support
23 claims against the medical assistance program of the
24 Department of Public Aid under the Illinois Public Aid
25 Code.;
26 (19) 19. Attempting to subvert or cheat on a nurse
27 licensing examination administered under this Act.;
28 (20) 20. Willfully or negligently violating the
29 confidentiality between nurse and patient except as
30 required by law.;
31 (21) 21. The use of any false, fraudulent, or
32 deceptive statement in any document connected with the
33 practice of nursing under this Act.;
34 (22) 22. Failure of a licensee to report to the
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1 Department any adverse final action taken against such
2 licensee by another licensing jurisdiction (any other
3 jurisdiction of the United States or any foreign state or
4 country), by any peer review body, by any health care
5 institution, by any professional or nursing society or
6 association, by any governmental agency, by any law
7 enforcement agency, or by any court or a nursing
8 liability claim related to acts or conduct similar to
9 acts or conduct that which would constitute grounds for
10 action as defined in this Section.;
11 (23) 23. Failure of a licensee to report to the
12 Department surrender by the licensee of a license or
13 authorization to practice nursing in another state or
14 jurisdiction, or current surrender by the licensee of
15 membership on any nursing staff or in any nursing or
16 professional association or society while under
17 disciplinary investigation by any of those authorities or
18 bodies for acts or conduct similar to acts or conduct
19 that which would constitute grounds for action as defined
20 by this Section.;
21 (24) 24. The determination by a circuit court that
22 a licensee is subject to involuntary admission or
23 judicial admission as provided in the Mental Health and
24 Developmental Disabilities Code, as amended, operates as
25 an automatic suspension. The Such suspension will end
26 only upon a finding by a court that the patient is no
27 longer subject to involuntary admission or judicial
28 admission and issues an order so finding and discharging
29 the patient; and upon the recommendation of the Board
30 Committee to the Director that the licensee be allowed to
31 resume his or her practice.;
32 (25) 25. The Department may refuse to issue or may
33 suspend the license of any person who fails to file a
34 return, or to pay the tax, penalty or interest shown in a
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1 filed return, or to pay any final assessment of the tax,
2 penalty, or interest as required by any tax Act
3 administered by the Illinois Department of Revenue, until
4 such time as the requirements of any such tax Act are
5 satisfied.; and
6 (26) 26. Violation of the Health Care Worker
7 Self-Referral Act.
8 (27) Physical illness, including but not limited to
9 deterioration through the aging process or loss of motor
10 skill, mental illness, or disability that results in the
11 inability to practice the profession with reasonable
12 judgment, skill, or safety.
13 (c) In enforcing this Section, the Department or Board
14 upon a showing of a possible violation may compel an
15 individual licensed to practice under this Act, or who has
16 applied for licensure under this Act, to submit to a mental
17 or physical examination, or both, as required by and at the
18 expense of the Department. The Department or Board may order
19 the examining physician to present testimony concerning the
20 mental or physical examination of the licensee or applicant.
21 No information shall be excluded by reason of any common law
22 or statutory privilege relating to communications between the
23 licensee or applicant and the examining physician. The
24 examining physicians shall be specifically designated by the
25 Board or Department. The individual to be examined may have,
26 at his or her own expense, another physician of his or her
27 choice present during all aspects of this examination.
28 Failure of an individual to submit to a mental or physical
29 examination, when directed, shall be grounds for suspension
30 of his or her license until the individual submits to the
31 examination if the Department finds, after notice and
32 hearing, that the refusal to submit to the examination was
33 without reasonable cause.
34 If the Department or Board finds an individual unable to
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1 practice because of the reasons set forth in this Section,
2 the Department or Board may require that individual to submit
3 to care, counseling, or treatment by physicians approved or
4 designated by the Department or Board, as a condition, term,
5 or restriction for continued, reinstated, or renewed
6 licensure to practice; or, in lieu of care, counseling, or
7 treatment, the Department may file, or the Board may
8 recommend to the Department to file, a complaint to
9 immediately suspend, revoke, or otherwise discipline the
10 license of the individual. An individual whose license was
11 granted, continued, reinstated, renewed, disciplined or
12 supervised subject to such terms, conditions, or
13 restrictions, and who fails to comply with such terms,
14 conditions, or restrictions, shall be referred to the
15 Director for a determination as to whether the individual
16 shall have his or her license suspended immediately, pending
17 a hearing by the Department.
18 In instances in which the Director immediately suspends a
19 person's license under this Section, a hearing on that
20 person's license must be convened by the Department within 15
21 days after the suspension and completed without appreciable
22 delay. The Department and Board shall have the authority to
23 review the subject individual's record of treatment and
24 counseling regarding the impairment to the extent permitted
25 by applicable federal statutes and regulations safeguarding
26 the confidentiality of medical records.
27 An individual licensed under this Act and affected under
28 this Section shall be afforded an opportunity to demonstrate
29 to the Department or Board that he or she can resume practice
30 in compliance with acceptable and prevailing standards under
31 the provisions of his or her license.
32 (Source: P.A. 86-596; 87-1207.)
33 (225 ILCS 65/26) (from Ch. 111, par. 3526)
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1 Sec. 26. Limitation on action. All proceedings to
2 suspend, revoke, or take any other disciplinary action as the
3 Department may deem proper, with regard to a license on any
4 of the foregoing grounds may not be commenced later than 3
5 years next after the commission of any act which is a ground
6 for discipline or a final conviction order for any of the
7 acts described herein. In the event of the settlement of any
8 claim or cause of action in favor of the claimant or the
9 reduction to the final judgment of any civil action in favor
10 of the plaintiff, such claim, cause of action or civil action
11 being rounded on the allegation that a person licensed under
12 this Act was negligent in providing care, the Department
13 shall have an additional period of one year from the date of
14 such settlement or final judgment in which to investigate and
15 commence formal disciplinary proceedings under Section 25 of
16 this Act, except as otherwise provided by law. The time
17 during which the holder of the license was outside the State
18 of Illinois shall not be included within any period of time
19 limiting the commencement of disciplinary action by the Board
20 Committee.
21 (Source: P.A. 85-981.)
22 (225 ILCS 65/27) (from Ch. 111, par. 3527)
23 (Text of Section before amendment by P.A. 89-507)
24 Sec. 27. Suspension for imminent danger. The Director of
25 the Department may, upon receipt of a written communication
26 from the Director of the Department of Mental Health and
27 Developmental Disabilities or Department of Public Aid or
28 Department of Public Health that continuation of practice of
29 a person licensed under this Act constitutes an immediate
30 danger to the public, immediately suspend the license of such
31 person without a hearing. In instances in which the Director
32 immediately suspends a license under this Section, a hearing
33 upon such person's license must be convened by the Department
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1 within 30 15 days after such suspension and completed without
2 appreciable delay, such hearing held to determine whether to
3 recommend to the Director that the person's license be
4 revoked, suspended, placed on probationary status or
5 reinstated, or such person be subject to other disciplinary
6 action. In such hearing, the written communication and any
7 other evidence submitted therewith may be introduced as
8 evidence against such person; provided, however, the person,
9 or his or her counsel, shall have the opportunity to
10 discredit or impeach and submit evidence rebutting such
11 evidence.
12 (Source: P.A. 85-981.)
13 (Text of Section after amendment by P.A. 89-507)
14 Sec. 27. Suspension for imminent danger. The Director of
15 the Department may, upon receipt of a written communication
16 from the Secretary of Human Services, the Director of Public
17 Aid, or the Director of Public Health that continuation of
18 practice of a person licensed under this Act constitutes an
19 immediate danger to the public, immediately suspend the
20 license of such person without a hearing. In instances in
21 which the Director immediately suspends a license under this
22 Section, a hearing upon such person's license must be
23 convened by the Department within 30 15 days after such
24 suspension and completed without appreciable delay, such
25 hearing held to determine whether to recommend to the
26 Director that the person's license be revoked, suspended,
27 placed on probationary status or reinstated, or such person
28 be subject to other disciplinary action. In such hearing,
29 the written communication and any other evidence submitted
30 therewith may be introduced as evidence against such person;
31 provided, however, the person, or his or her counsel, shall
32 have the opportunity to discredit or impeach and submit
33 evidence rebutting such evidence.
34 (Source: P.A. 89-507, eff. 7-1-97.)
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1 (225 ILCS 65/30) (from Ch. 111, par. 3530)
2 Sec. 30. Right to legal counsel. No action of a
3 disciplinary discliplinary nature that which is predicated on
4 charges alleging unethical or unprofessional conduct of a
5 person who is a registered professional nurse or a licensed
6 practical nurse and that which can be reasonably expected to
7 affect adversely that person's maintenance of her or his
8 present, or her or his securing of future, employment as such
9 a nurse may be taken by the Department, by any association,
10 or by any person unless the person against whom such charges
11 are made is afforded the right to be represented by legal
12 counsel of her or his choosing and to present any witness,
13 whether an attorney or otherwise to testify on matters
14 relevant to such charges.
15 (Source: P.A. 85-981.)
16 (225 ILCS 65/32) (from Ch. 111, par. 3532)
17 Sec. 32. Investigation; notice; hearing. Prior to
18 bringing an action before the Board Committee, the Department
19 may investigate the actions of any applicant or of any person
20 or persons holding or claiming to hold a license. The
21 Department shall, before suspending, revoking, placing on
22 probationary status, or taking any other disciplinary action
23 as the Department may deem proper with regard to any license
24 or certificate, at least 30 days prior to the date set for
25 the hearing, notify the accused in writing of any charges
26 made and the time and place for a hearing of the charges
27 before the Board Committee, direct her or him to file a
28 written answer thereto to the Board Committee under oath
29 within 20 days after the service of such notice and inform
30 the licensee that if she or he fails to file such answer
31 default will be taken against the licensee and such license
32 or certificate may be suspended, revoked, placed on
33 probationary status, or have other disciplinary action,
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1 including limiting the scope, nature or extent of her or his
2 practice, as the Department may deem proper taken with regard
3 thereto. Such written notice may be served by personal
4 delivery or certified or registered mail to the respondent at
5 the address of her or his last notification to the
6 Department. At the time and place fixed in the notice, the
7 Department shall proceed to hear the charges and the parties
8 or their counsel shall be accorded ample opportunity to
9 present such statements, testimony, evidence and argument as
10 may be pertinent to the charges or to the defense to the
11 charges thereto. The Department may continue a such hearing
12 from time to time. In case the accused person, after
13 receiving notice, fails to file an answer, her or his license
14 or certificate may in the discretion of the Director, having
15 received first the recommendation of the Board Committee, be
16 suspended, revoked, placed on probationary status, or the
17 Director may take whatever disciplinary action as he or she
18 may deem proper, including limiting the scope, nature, or
19 extent of said person's practice, without a hearing, if the
20 act or acts charged constitute sufficient grounds for such
21 action under this Act.
22 (Source: P.A. 85-981.)
23 (225 ILCS 65/33) (from Ch. 111, par. 3533)
24 Sec. 33. Stenographer; transcript. The Department, at
25 its expense, shall provide a stenographer to take down the
26 testimony and preserve a record of all proceedings at the
27 hearing of any case wherein any disciplinary action is taken
28 regarding a license. The notice of hearing, complaint and
29 all other documents in the nature of pleadings and written
30 motions filed in the proceedings, the transcript of
31 testimony, the report of the Board Committee and the orders
32 of the Department shall be the record of the proceedings.
33 The Department shall furnish a transcript of the record to
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1 any person interested in the hearing upon payment of the fee
2 required under Section 60f of the Civil Administrative Code
3 of Illinois.
4 (Source: P.A. 87-1031.)
5 (225 ILCS 65/35) (from Ch. 111, par. 3535)
6 Sec. 35. Subpoena power; oaths. The Department shall have
7 power to subpoena and bring before it any person in this
8 State and to take testimony, either orally or by deposition
9 or both, with the same fees and mileage and in the same
10 manner as prescribed by law in judicial proceedings in civil
11 cases in circuit courts of this State.
12 The Director, and any member of the Board Committee
13 designated by the Director, shall each have power to
14 administer oaths to witnesses at any hearing which the
15 Department is authorized to conduct under this Act, and any
16 other oaths required or authorized to be administered by the
17 Department under this Act hereunder.
18 (Source: P.A. 85-981.)
19 (225 ILCS 65/36) (from Ch. 111, par. 3536)
20 Sec. 36. Board report. At the conclusion of the hearing
21 the Board committee shall present to the Director a written
22 report of its findings of fact, conclusions of law, and
23 recommendations. The report shall contain a finding whether
24 or not the accused person violated this Act or failed to
25 comply with the conditions required in this Act. The report
26 shall specify the nature of the violation or failure to
27 comply, and the Board Committee shall make its
28 recommendations to the Director.
29 The report of findings of fact, conclusions of law, and
30 recommendation of the Board committee shall be the basis for
31 the Department's order of refusal or for the granting of a
32 license or permit unless the Director shall determine that
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1 the report is contrary to the manifest weight of the
2 evidence, in which case the Director may issue an order in
3 contravention of the report. The findings are not admissible
4 in evidence against the person in a criminal prosecution
5 brought for the violation of this Act, but the hearing and
6 findings are not a bar to a criminal prosecution brought for
7 the violation of this Act.
8 (Source: P.A. 85-981.)
9 (225 ILCS 65/37) (from Ch. 111, par. 3537)
10 Sec. 37. Hearing officer. The Director shall have the
11 authority to appoint an attorney duly licensed to practice
12 law in the State of Illinois to serve as the hearing officer
13 in any action before the Board Committee to revoke, suspend,
14 place on probation, reprimand, fine, or take any other
15 disciplinary action with regard to a license. The hearing
16 officer shall have full authority to conduct the hearing.
17 The Board Committee shall have the right to have at least one
18 member present at any hearing conducted by such hearing
19 officer. There may be present at least one RN member of the
20 Board Committee at any such hearing or disciplinary
21 conference. An LPN member or LPN educator may be present for
22 hearings and disciplinary conferences of an LPN. The hearing
23 officer shall report her or his findings and recommendations
24 to the Board Committee within 30 days of the receipt of the
25 record. The Board Committee shall have 90 days from receipt
26 of the report to review the report of the hearing officer and
27 present their findings of fact, conclusions of law and
28 recommendations to the Director. If the Board Committee
29 fails to present its report within the 90-day period, the
30 Director may issue an order based on the report of the
31 hearing officer. However, if the Board Committee does
32 present its report within the specified 90 days, the
33 Director's order shall be based upon the report of the Board
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1 Committee.
2 (Source: P.A. 85-981.)
3 (225 ILCS 65/38) (from Ch. 111, par. 3538)
4 Sec. 38. Motion for rehearing. In any case involving
5 refusal to issue, renew, or the discipline of a license, a
6 copy of the Board's Committee's report shall be served upon
7 the respondent by the Department, either personally or as
8 provided in this Act, for the service of the notice of
9 hearing. Within 20 days after such service, the respondent
10 may present to the Department a motion in writing for a
11 rehearing, which motion shall specify the particular grounds
12 for a rehearing therefor. If no motion for rehearing is
13 filed, then upon the expiration of the time then upon such
14 denial the Director may enter an order in accordance with
15 recommendations of the Board Committee except as provided in
16 Section 36 and 37 of this Act. If the respondent shall order
17 from the reporting service, and pay for a transcript of the
18 record within the time for filing a motion for rehearing, the
19 20 day period within which such a motion may be filed shall
20 commence upon the delivery of the transcript to the
21 respondent.
22 (Source: P.A. 85-981.)
23 (225 ILCS 65/39) (from Ch. 111, par. 3539)
24 Sec. 39. Order for rehearing. Whenever the Director is
25 satisfied that substantial justice has not been done in the
26 revocation, suspension, or refusal to issue or renew a
27 license, the Director may order a hearing by the same or
28 another hearing officer or the Board Committee.
29 (Source: P.A. 85-981.)
30 (225 ILCS 65/40) (from Ch. 111, par. 3540)
31 Sec. 40. Order of Director. An order regarding any
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1 disciplinary action, or a certified copy thereof over the
2 seal of the Department and purporting to be signed by the
3 Director shall be prima facie evidence that:
4 (a) such signature is the genuine signature of the
5 Director;
6 (b) that such Director is duly appointed and qualified;
7 and
8 (c) that the Board Committee and the Board members
9 thereof are qualified to act.
10 (Source: P.A. 85-981.)
11 (225 ILCS 65/42) (from Ch. 111, par. 3542)
12 Sec. 42. Surrender of license. Upon revocation or
13 suspension of any license or certificate, the licensee shall
14 forthwith surrender the license to the Department and if the
15 licensee fails to do so, the Department shall have the right
16 to seize the license.
17 (Source: P.A. 85-981.)
18 (225 ILCS 65/43) (from Ch. 111, par. 3543)
19 Sec. 43. Temporary suspension. The Director may
20 temporarily suspend the license of a nurse without a hearing,
21 simultaneously with the institution of proceedings for a
22 hearing provided for in Section 32 of this Act, if the
23 Director finds that evidence in his or her possession
24 indicates that continuation in practice would constitute an
25 imminent danger to the public. In the event that the
26 Director suspends, temporarily, this license without a
27 hearing, a hearing by the Department must be held within 30
28 days after the such suspension has occurred, and be concluded
29 without appreciable delay.
30 Proceedings for judicial review shall be commenced in the
31 circuit court of the county in which the party applying for
32 review resides; but if the party is not a resident of this
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1 State, the venue shall be in Sangamon County.
2 (Source: P.A. 85-981.)
3 (225 ILCS 65/47) (from Ch. 111, par. 3547)
4 Sec. 47. Pending actions. All licenses in effect on
5 December 31, 1987 and issued pursuant to the Illinois Nursing
6 Act, approved June 14, 1951, as amended, are reinstated for
7 the balance of the term for which last issued. All rules and
8 regulations in effect on December 31, 1987 and promulgated
9 pursuant to the Illinois Nursing Act, approved June 14, 1951,
10 as amended, shall remain in full force and effect on the
11 effective date of this Act without being promulgated again by
12 the Department, except to the extent any such rule or
13 regulation is inconsistent with any provision of this Act.
14 All disciplinary actions taken or pending pursuant to the
15 Illinois Nursing Act, approved June 14, 1951, as amended,
16 shall, for the actions taken, remain in effect, and for the
17 actions pending, shall be continued, on the effective date of
18 this Act without having separate actions filed by the
19 Department.
20 (Source: P.A. 85-981.)
21 (225 ILCS 65/8 rep.)
22 (225 ILCS 65/9 rep.)
23 (225 ILCS 65/13 rep.)
24 (225 ILCS 65/15 rep.)
25 (225 ILCS 65/19 rep.)
26 Section 35. The Illinois Nursing Act of 1987 is amended
27 by repealing Sections 8, 9, 13, 15, and 19.
28 Section 40. The Nursing Home Administrators Licensing and
29 Disciplinary Act is amended by changing Sections 4, 5, 6, 7,
30 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24,
31 and 28 and by adding Sections 5.1, 20.1, and 24.1 as follows:
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1 (225 ILCS 70/4) (from Ch. 111, par. 3654)
2 Sec. 4. Definitions.: For purposes of this Act, the
3 following definitions shall have the following meanings,
4 except where the context requires otherwise:
5 (1) 1. "Act" means the Nursing Home Administrators
6 Licensing and Disciplinary Act.;
7 (2) 2. "Department" means the Department of
8 Professional Regulation.;
9 (3) 3. "Director" means the Director of
10 Professional Regulation.;
11 (4) 4. "Board" means the Nursing Home
12 Administrators Licensing and Disciplinary Board appointed
13 by the Governor.;
14 (5) 5. "Nursing home administrator" means the
15 individual licensed under this Act and directly
16 responsible for planning, organizing, directing and
17 supervising the operation of a nursing home, or who in
18 fact performs such functions, whether or not such
19 functions are delegated to one or more other persons.;
20 (6) 6. "Nursing home" or "facility" means any
21 entity that which is required to be licensed by the
22 Illinois Department of Public Health under the Nursing
23 Home Care Act, as amended, other than a "sheltered care
24 home" as defined thereunder, and includes private homes
25 home, institutions, buildings, residences, or other
26 places, whether operated for profit or not, irrespective
27 of the names attributed to them, county homes for the
28 infirm and chronically ill operated pursuant to the
29 County Nursing Home Act, as amended, and any similar
30 institutions operated by a political subdivision of the
31 State of Illinois that which provide, though their
32 ownership or management, maintenance, personal care, and
33 nursing for 3 or more persons, not related to the owner
34 by blood or marriage, or any similar facilities in which
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1 maintenance is provided to 3 or more persons who by
2 reason of illness of physical infirmity require personal
3 care and nursing.;
4 (7) 7. "Maintenance" means food, shelter and
5 laundry.;
6 (8) 8. "Personal care" means assistance with meals,
7 dressing, movement, bathing, or other personal needs
8 need, or general supervision of the physical and mental
9 well-being of an individual who because of age, physical,
10 or mental disability, emotion or behavior disorder, or
11 mental retardation is incapable of managing his or her
12 person, whether or not a guardian has been appointed for
13 such individual. For the purposes of this Act, this
14 definition does not include the professional services of
15 a nurse.;
16 (9) 9. "Nursing" means professional nursing or
17 practical nursing as those terms are defined in the
18 Illinois Nursing Act of 1987, as amended, for sick or
19 infirm persons who are under the care and supervision of
20 licensed physicians or dentists.;
21 (10) 10. "Disciplinary action" means revocation,
22 suspension, probation, supervision, reprimand, required
23 education, fines or any other action taken by the
24 Department against a person holding a license.;
25 (11) 11. "Impaired" means the inability to practice
26 with reasonable skill and safety due to physical or
27 mental disabilities as evidenced by a written
28 determination or written consent based on clinical
29 evidence including deterioration through the aging
30 process or loss of motor skill, or abuse of drugs or
31 alcohol, of sufficient degree to diminish a person's
32 ability to administer a nursing home.
33 (Source: P.A. 86-820.)
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1 (225 ILCS 70/5) (from Ch. 111, par. 3655)
2 (Text of Section before amendment by P.A. 89-507)
3 Sec. 5. Board.
4 (a) There is hereby created the Nursing Home
5 Administrators Administrator's Licensing and Disciplinary
6 Board. The Board shall consist of 9 members appointed by the
7 Governor. All shall be residents of the State of Illinois.
8 Three members shall be representatives of the general public.
9 Six members shall be nursing home administrators who for at
10 least 5 years prior to their appointments were licensed under
11 this Act. The public members shall have no responsibility
12 for management or formation of policy of, nor any financial
13 interest in, nursing homes as defined in this Act, nor any
14 other connection with the profession. In appointing licensed
15 nursing home administrators, the Governor shall take into
16 consideration the recommendations of the nursing home
17 professional associations.
18 (b) Members Initial terms shall begin January 1, 1988.
19 Of the members of the Board first appointed, 3 shall be
20 appointed for terms of 2 years; 3 shall be appointed for
21 terms of 3 years, and 3 shall be appointed for terms of 4
22 years. Upon the expiration of the term of any member, their
23 successor shall be appointed for a term of 4 years by the
24 Governor. The Governor shall fill any vacancy for the
25 remainder of the unexpired term. Any member of the Board may
26 be removed by the Governor for cause. Each member shall
27 serve on the Board until his or her their successor is
28 appointed and qualified. No member of the Board shall serve
29 more than 2 consecutive 4 year terms.
30 In making appointments the Governor shall attempt to
31 insure that the various geographic regions of the State of
32 Illinois are properly represented.
33 The Board in existence on the effective date of this Act
34 shall continue to exercise the powers and duties specified
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1 under this Act until a successor Board is designated by the
2 Governor. The Governor shall designate the successor Board
3 within 90 days of the effective date of this Act.
4 (c) The Board shall annually elect one of its members as
5 chairperson and chairman, one as vice chairperson chairman
6 and one as secretary. No officer shall be elected more than
7 twice in succession to the same office. Each officer shall
8 serve until his or her their successor has been elected and
9 qualified.
10 (d) A majority of the Board members currently appointed
11 shall constitute a quorum Five members of the Board shall
12 constitute a quorum. A vacancy in the membership of the Board
13 shall not impair the right of a quorum to exercise all the
14 rights and perform all the duties of the Board. Any action
15 taken by the Board under this Act may be authorized by
16 resolution at any regular or special meeting and each such
17 resolution shall take effect immediately. The Board shall
18 meet at least quarterly. The Board is empowered to adopt all
19 rules and regulations necessary and incident to the powers
20 granted to it under this Act.
21 (e) Each member, and member-officer, of the Board shall
22 receive a per diem stipend as the Director of the Department,
23 hereinafter referred to as the Director, shall determine.
24 Each member shall be paid their necessary expenses while
25 engaged in the performance of his or her their duties.
26 (f) (Blank) The Director shall select a Nursing Home
27 Administrator Coordinator who shall not be a member of the
28 Board. The Nursing Home Administrator coordinator shall be
29 the designated administrator of this Act.
30 The Director shall employ, in conformity with the
31 Personnel Code, not less than one investigator for every 5000
32 Nursing Home Administrators licensed in the State. Each
33 investigator shall be a college graduate with at least 2
34 years' investigative experience or be a licensed Nursing Home
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1 Administrator for 2 years. Upon the written request of the
2 Board, the Director shall employ, in conformity with the
3 Personnel Code, such other professional, technical,
4 investigative, and clerical help, either on a full or
5 part-time basis as the Board deems necessary for the proper
6 performance of its duties.
7 (g) (Blank) Upon the written request of the Board or the
8 Nursing Home Administrator Coordinator, the Department of
9 Alcoholism and Substance Abuse or the Department of State
10 Police may cooperate and assist in any investigation
11 undertaken by the Board.
12 (h) Members of the Board shall be immune from suit in
13 any action based upon any disciplinary proceedings or other
14 acts performed in good faith as members of the Board.
15 (i) (Blank) The Board may compile and establish a
16 statewide roster of Nursing Home Administrators and other
17 associated field professionals, including the several medical
18 specialties, who have agreed to serve from time to time as
19 advisors to the Nursing Home Administrator Coordinator. Such
20 advisors shall assist the Nursing Home Administrator
21 Coordinator in investigations and participation in complaints
22 against Nursing Home Administrators. Such advisors shall
23 serve under contract and shall be reimbursed at a rate set by
24 the Director for each and every day they shall be actually
25 advising the Nursing Home Administrator Coordinator, plus
26 reasonable expenses incurred. While serving in this
27 capacity, the advisor, for any act undertaken in good faith
28 and in the conduct of their duties under this Section, shall
29 be immune from civil suit.
30 The Department shall exercise the powers and duties
31 prescribed by the Civil Administrative Code of Illinois for
32 administration of licensing acts and shall exercise such
33 other powers and duties necessary for effectuating the
34 purpose of this Act. The Department shall promulgate rules
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1 to implement, interpret, or make specific the provisions and
2 purposes of this Act; however no such rulemaking shall be
3 promulgated by the Department except upon the Board's written
4 approval.
5 (j) The Director shall give due consideration to all
6 recommendations of the Board. If the Director disagrees with
7 or takes action contrary to a recommendation of the Board, he
8 or she shall provide the Board with a written and specific
9 explanation of his or her action.
10 (Source: P.A. 85-932.)
11 (Text of Section after amendment by P.A. 89-507)
12 Sec. 5. Board.
13 (a) There is hereby created the Nursing Home
14 Administrators Administrator's Licensing and Disciplinary
15 Board. The Board shall consist of 9 members appointed by the
16 Governor. All shall be residents of the State of Illinois.
17 Three members shall be representatives of the general public.
18 Six members shall be nursing home administrators who for at
19 least 5 years prior to their appointments were licensed under
20 this Act. The public members shall have no responsibility
21 for management or formation of policy of, nor any financial
22 interest in, nursing homes as defined in this Act, nor any
23 other connection with the profession. In appointing licensed
24 nursing home administrators, the Governor shall take into
25 consideration the recommendations of the nursing home
26 professional associations.
27 (b) Members Initial terms shall begin January 1, 1988.
28 Of the members of the Board first appointed, 3 shall be
29 appointed for terms of 2 years; 3 shall be appointed for
30 terms of 3 years, and 3 shall be appointed for terms of 4
31 years. Upon the expiration of the term of any member, their
32 successor shall be appointed for a term of 4 years by the
33 Governor. The Governor shall fill any vacancy for the
34 remainder of the unexpired term. Any member of the Board may
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1 be removed by the Governor for cause. Each member shall
2 serve on the Board until his or her their successor is
3 appointed and qualified. No member of the Board shall serve
4 more than 2 consecutive 4 year terms.
5 In making appointments the Governor shall attempt to
6 insure that the various geographic regions of the State of
7 Illinois are properly represented.
8 The Board in existence on the effective date of this Act
9 shall continue to exercise the powers and duties specified
10 under this Act until a successor Board is designated by the
11 Governor. The Governor shall designate the successor Board
12 within 90 days of the effective date of this Act.
13 (c) The Board shall annually elect one of its members as
14 chairperson and chairman, one as vice chairperson chairman
15 and one as secretary. No officer shall be elected more than
16 twice in succession to the same office. Each officer shall
17 serve until his or her their successor has been elected and
18 qualified.
19 (d) A majority of the Board members currently appointed
20 shall constitute a quorum Five members of the Board shall
21 constitute a quorum. A vacancy in the membership of the Board
22 shall not impair the right of a quorum to exercise all the
23 rights and perform all the duties of the Board. Any action
24 taken by the Board under this Act may be authorized by
25 resolution at any regular or special meeting and each such
26 resolution shall take effect immediately. The Board shall
27 meet at least quarterly. The Board is empowered to adopt all
28 rules and regulations necessary and incident to the powers
29 granted to it under this Act.
30 (e) Each member, and member-officer, of the Board shall
31 receive a per diem stipend as the Director of the Department,
32 hereinafter referred to as the Director, shall determine.
33 Each member shall be paid their necessary expenses while
34 engaged in the performance of his or her their duties.
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1 (f) (Blank) The Director shall select a Nursing Home
2 Administrator Coordinator who shall not be a member of the
3 Board. The Nursing Home Administrator coordinator shall be
4 the designated administrator of this Act.
5 The Director shall employ, in conformity with the
6 Personnel Code, not less than one investigator for every 5000
7 Nursing Home Administrators licensed in the State. Each
8 investigator shall be a college graduate with at least 2
9 years' investigative experience or be a licensed Nursing Home
10 Administrator for 2 years. Upon the written request of the
11 Board, the Director shall employ, in conformity with the
12 Personnel Code, such other professional, technical,
13 investigative, and clerical help, either on a full or
14 part-time basis as the Board deems necessary for the proper
15 performance of its duties.
16 (g) (Blank) Upon the written request of the Board or the
17 Nursing Home Administrator Coordinator, the Department of
18 Human Services or the Department of State Police may
19 cooperate and assist in any investigation undertaken by the
20 Board.
21 (h) Members of the Board shall be immune from suit in
22 any action based upon any disciplinary proceedings or other
23 acts performed in good faith as members of the Board.
24 (i) (Blank) The Board may compile and establish a
25 statewide roster of Nursing Home Administrators and other
26 associated field professionals, including the several medical
27 specialties, who have agreed to serve from time to time as
28 advisors to the Nursing Home Administrator Coordinator. Such
29 advisors shall assist the Nursing Home Administrator
30 Coordinator in investigations and participation in complaints
31 against Nursing Home Administrators. Such advisors shall
32 serve under contract and shall be reimbursed at a rate set by
33 the Director for each and every day they shall be actually
34 advising the Nursing Home Administrator Coordinator, plus
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1 reasonable expenses incurred. While serving in this
2 capacity, the advisor, for any act undertaken in good faith
3 and in the conduct of their duties under this Section, shall
4 be immune from civil suit.
5 The Department shall exercise the powers and duties
6 prescribed by the Civil Administrative Code of Illinois for
7 administration of licensing acts and shall exercise such
8 other powers and duties necessary for effectuating the
9 purpose of this Act. The Department shall promulgate rules
10 to implement, interpret, or make specific the provisions and
11 purposes of this Act; however no such rulemaking shall be
12 promulgated by the Department except upon the Board's written
13 approval.
14 (j) The Director shall give due consideration to all
15 recommendations of the Board. If the Director disagrees with
16 or takes action contrary to the recommendation of the Board,
17 he or she shall provide the Board with a written and specific
18 explanation of his or her action.
19 (Source: P.A. 89-507, eff. 7-1-97.)
20 (225 ILCS 70/5.1 new)
21 Sec. 5.1. Powers and duties; rules. The Department shall
22 exercise the powers and duties prescribed by the Civil
23 Administrative Code of Illinois for administration of
24 licensing acts and shall exercise such other powers and
25 duties necessary for effectuating the purposes of this Act.
26 The Department shall adopt rules to implement, interpret, or
27 make specific the provisions and purposes of this Act and may
28 prescribe forms that shall be issued in connection with
29 rulemaking. The Department shall transmit the proposed
30 rulemaking to the Board.
31 The Department may solicit the advice of the Board on any
32 matter relating to the administration and enforcement of this
33 Act.
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1 The Director shall employ, in conformity with the
2 Personnel Code, professional, technical, investigative, and
3 clerical help on a full-time or part-time basis as necessary
4 for the proper performance of its duties.
5 Upon the written request of the Department, the
6 Department of Human Services or the Department of State
7 Police may cooperate and assist in any investigation
8 undertaken by the Board.
9 (225 ILCS 70/6) (from Ch. 111, par. 3656)
10 Sec. 6. Application procedure. Applications for original
11 licenses shall be made to the Department in writing on forms
12 prescribed by the Department and shall be accompanied by the
13 required fee, which shall not be refundable. The Any such
14 application shall require such information as in the judgment
15 of the Department will enable the Department Board to pass on
16 the qualifications of the applicant for a license.
17 (Source: P.A. 85-932.)
18 (225 ILCS 70/7) (from Ch. 111, par. 3657)
19 Sec. 7. Examination. The Department shall authorize
20 examinations of applicants as nursing home administrators at
21 such times and places as it may determine. Examinations shall
22 be held not less frequently than 2 times every year. The
23 examination of applicants shall be of a character to give a
24 fair test of the qualifications of the applicant to practice
25 nursing home administration.
26 Applicants for examination as nursing home administrators
27 shall be required to pay, either to the Department or the
28 designated testing service, a fee covering the cost of
29 providing the examination. Failure to appear for the
30 examination on the scheduled date, at the time and place
31 specified, after the applicant's application for examination
32 has been received and acknowledged by the Department or the
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1 designated testing service, shall result in the forfeiture of
2 the examination fee.
3 If an applicant neglects, fails or refuses to take an
4 examination or fails to pass an examination for a license
5 under this Act within 3 years after filing his or her
6 licensure application, the application shall be denied and
7 the examination shall be void. However, such applicant may
8 thereafter make a new application for examination accompanied
9 by the required fee, and must furnish proof of meeting
10 qualifications for examination in effect at the time of new
11 application.
12 An applicant shall have one year from the date of
13 notification of successful completion of the examination to
14 apply to the Department for a license. If an applicant fails
15 to apply within one year, the applicant shall be required to
16 again take and pass the examination.
17 The Department may employ consultants for the purpose of
18 preparing and conducting examinations.
19 (Source: P.A. 85-932.)
20 (225 ILCS 70/8) (from Ch. 111, par. 3658)
21 Sec. 8. Qualifications for license. A person is
22 qualified to receive a license as a nursing home
23 administrator:
24 (a) who is at least 21 years of age,
25 (b) who has not engaged in conduct or behavior
26 determined to be grounds for discipline under this Act,
27 (c) who is in sound physical and mental health,
28 (d) (blank),
29 (e) who is a graduate of a college or university
30 deemed reputable and in good standing by the Department,
31 or who has satisfactorily completed a course of
32 instruction approved by the Department containing
33 subjects embracing the laws governing the operation of
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1 nursing homes, the protection of the health and safety of
2 patients in nursing homes and the elements of sound
3 nursing home administration, or who presents evidence to
4 the Department of education, training and experience
5 deemed by the Department to be equivalent to of either of
6 the above,
7 (f) who passes a written examination conducted by
8 the Department to determine his or her fitness to receive
9 a license as a nursing home administrator, and
10 (g) who pays the required fee.
11 (Source: P.A. 89-387, eff. 8-20-95.)
12 (225 ILCS 70/9) (from Ch. 111, par. 3659)
13 Sec. 9. Temporary license without examination. The
14 Department may in its discretion issue without examination a
15 temporary license as a nursing home administrator to any
16 applicant who furnishes the Department with satisfactory
17 proof under oath, on forms prescribed by the Department, that
18 he or she:
19 (a) is at least 21 years of age,
20 (b) who has not engaged in conduct or behavior
21 determined to be grounds for discipline under this Act,
22 (c) is in sound physical and mental health,
23 (d) (blank) is a citizen of the United States or is
24 a lawfully admitted alien,
25 (e) is a graduate of a college or university deemed
26 reputable and in good standing by the Department, or who
27 has satisfactorily completed a course of instruction
28 approved by the Department containing subjects embracing
29 the laws governing the operation of nursing homes, the
30 protection of the health and safety of patients in
31 nursing homes and the elements of sound nursing home
32 administration, or who presents evidence to the
33 Department of education, training, and experience deemed
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1 by the Department to be equivalent to either of the
2 above,
3 (f) (g) has been accepted or appointed as a nursing
4 home administrator in a facility licensed to provide
5 nursing care by the Illinois Department of Public Health,
6 and
7 (g) (h) pays the required fee.
8 The applicant shall indicate the beginning date of the
9 period for which he or she has been accepted or appointed,
10 and shall specify the particular facility in which he or she
11 will serve as administrator.
12 After receiving a temporary license under this Section,
13 the holder of a temporary license shall take the examination
14 for a license under this Act that is scheduled to be given
15 before his or her temporary license expires. The temporary
16 license of an individual who passes the examination shall be
17 valid until he or she applies for and receives a license
18 under Section 7 of this Act.
19 Temporary licenses issued pursuant to this Section shall
20 be valid only for a period of one year from date of issuance.
21 A temporary license issued under this Section may be extended
22 only for one additional one-year period if the applicant took
23 the examination during the period of his or her temporary
24 license. The applicant shall retake the examination prior to
25 the expiration of the extended temporary license. The holder
26 of a temporary license shall be entitled to serve as a
27 nursing home administrator in the particular facility
28 indicated on his or her application, but he or she shall not
29 be entitled to engage in the practice of nursing home
30 administration in any other facility without first applying
31 to the Department and having been granted an amended
32 temporary license designating a different facility.
33 Upon the termination of his or her service or the lapse
34 or revocation of his or her license, whichever is sooner, the
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1 holder of a temporary license shall surrender it to the
2 Department.
3 A temporary license may be revoked by the Department upon
4 proof that the holder has engaged in the practice of nursing
5 home administration in this State in a facility not named on
6 his or her application.
7 An applicant for a temporary license as a nursing home
8 administrator may act as a nursing home administrator for a
9 period of up to 60 days prior to the issuance of a license if
10 the applicant has submitted the required fee and an
11 application for licensure to the Department. This 60-day
12 period may be extended until the next Board meeting if action
13 by the Board is required. The applicant shall keep a copy of
14 the submitted application on the premises where the applicant
15 is engaged in the practice as a nursing home administrator.
16 The authority to practice shall terminate immediately
17 upon the denial of licensure by the Department or the
18 withdrawal of the application.
19 (Source: P.A. 89-197, eff. 7-21-95.)
20 (225 ILCS 70/10) (from Ch. 111, par. 3660)
21 Sec. 10. License requirement. It shall be unlawful for
22 any person to operate or manage a nursing home in the State
23 of Illinois unless he or she is licensed as a nursing home
24 administrator in accordance with this Act.
25 The practice of nursing home administration, or the use
26 of the title "Licensed Nursing Home Administrator", the
27 initials "N.H.A." or any other word or abbreviation
28 indicating that he or she is a nursing home administrator, by
29 any person who has not been issued a license or whose license
30 has been suspended or revoked is hereby declared to be
31 inimical to public health and welfare and to constitute a
32 public nuisance.
33 Nothing in this Act or in the rules adopted hereunder
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1 shall require an administrator of any facility or institution
2 operated solely by and for persons who rely exclusively upon
3 treatment by spiritual means through prayer alone, in
4 accordance with the creed or tenets of any well-recognized
5 church or religious denomination, to be licensed as a nursing
6 home administrator.
7 (Source: P.A. 86-130.)
8 (225 ILCS 70/11) (from Ch. 111, par. 3661)
9 Sec. 11. Expiration; renewal; continuing education. The
10 expiration date and renewal period for each license issued
11 under this Act shall be set by rule.
12 Each licensee shall provide proof of having obtained 36
13 hours of continuing education in the 2 year period preceding
14 the renewal date of the license as a condition of license
15 renewal. The continuing education requirement may be waived
16 in part or in whole for such good cause as may be determined
17 by rule.
18 Any continuing education course for nursing home
19 administrators approved by the National Continuing Education
20 Review Service of the National Association of Boards of
21 Examiners of Nursing Home Administrators will be accepted
22 toward toward satisfaction of these requirements.
23 Any continuing education course for nursing home
24 administrators sponsored by the Life Services Network of
25 Illinois Illinois Association of Homes for the Aging,
26 Illinois Council on Long Term Care, County Nursing Home
27 Association of Illinois, Illinois Health Care Association,
28 Illinois Chapter of American College of Health Care
29 Administrators, and the Illinois Nursing Home Administrators
30 Association will be accepted toward satisfaction of these
31 requirements.
32 Any school, college or university, State agency, or other
33 entity may apply to the Department Board for approval as a
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1 continuing education sponsor. Criteria for qualification as a
2 continuing education sponsor shall be established by rule.
3 It shall be the responsibility of each continuing
4 education sponsor to maintain records, as prescribed by rule,
5 to verify attendance.
6 The Department shall establish by rule a means for the
7 verification of completion of the continuing education
8 required by this Section. This verification may be
9 accomplished through audits of records maintained by
10 registrants; by requiring the filing of continuing education
11 certificates with the Department; or by other means
12 established by the Department.
13 Any nursing home administrator who has permitted his or
14 her license to expire or who has had his or her license on
15 inactive status may have his or her license restored by
16 making application to the Department and filing proof
17 acceptable to the Department of his or her fitness to have
18 his or her license restored and by paying the required fee.
19 Proof of fitness may include evidence certifying to active
20 lawful practice in another jurisdiction satisfactory to the
21 Department and by paying the required restoration fee.
22 However, any nursing home administrator whose license
23 expired while he or she was (1) in federal service on active
24 duty with the Armed Forces of the United States, or the State
25 Militia called into service or training, or (2) in training
26 or education under the supervision of the United States
27 preliminary to induction into the military services, may have
28 his or her license renewed or restored without paying any
29 lapsed renewal fees if within 2 years after honorable
30 termination of such service, training or education, he or she
31 furnishes the Department with satisfactory evidence to the
32 effect that he or she has been so engaged and that his or her
33 service, training or education has been so terminated.
34 (Source: P.A. 86-1472; 87-546.)
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1 (225 ILCS 70/12) (from Ch. 111, par. 3662)
2 Sec. 12. Inactive status. Any nursing home administrator
3 who notifies the Department in writing on forms prescribed by
4 the Department, may elect to place his or her license on an
5 inactive status and shall, subject to rules of the
6 Department, be excused from payment of renewal fees and the
7 completion of continuing education requirements until he or
8 she notifies the Department in writing of his or her intent
9 to restore his or her license.
10 Any nursing home administrator requesting restoration
11 from inactive status shall be required to pay the current
12 renewal fee and shall be required to restore his or her
13 license, as provided by rule of the Department.
14 Any nursing home administrator whose license is in an
15 inactive status shall not practice as a nursing home
16 administrator in the State of Illinois.
17 Any licensee who shall practice as a nursing home
18 administrator while his or her license is lapsed or on
19 inactive status shall be considered to be practicing without
20 a license which shall be grounds for discipline under Section
21 17 of this Act.
22 (Source: P.A. 85-932.)
23 (225 ILCS 70/13) (from Ch. 111, par. 3663)
24 Sec. 13. Endorsement. The Department may, in its
25 discretion, license as a nursing home administrator, without
26 examination, on payment of the required fee, an applicant who
27 is so licensed under the laws of another U.S. jurisdiction,
28 if the requirements for licensure in the other jurisdiction
29 in which the applicant was licensed, were, at the date of his
30 or her licensure, substantially equivalent to the
31 requirements then in force in this State; or if the
32 applicant's qualifications were, at the date of his or her
33 licensure in the other jurisdiction, substantially equivalent
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1 to the requirements then in force in this State.
2 Notwithstanding the provisions of this Section, all
3 applicants seeking licensure under this Section shall be
4 required to take and pass an examination testing the
5 applicant's knowledge of Illinois law relating to the
6 practice of nursing home administration.
7 Applicants have 3 years from the date of application to
8 complete the application process. If the process has not
9 been completed in 3 years, the application shall be denied,
10 the fee shall be forfeited, and the applicant must reapply
11 and meet the requirements in effect at the time of
12 reapplication.
13 (Source: P.A. 86-596.)
14 (225 ILCS 70/14) (from Ch. 111, par. 3664)
15 Sec. 14. Fees.
16 (a) Except as provided in subsection (b), the fees for
17 the administration and enforcement of this Act, including but
18 not limited to original licensure, renewal, and restoration
19 fees, shall be set by rule of the Department. The following
20 fees shall are not be refundable.
21 1. The fee for application for a license is $100.
22 (b) Applicants 2. In addition, applicants for any
23 examination shall be required to pay, either to the
24 Department or to the designated testing service, a fee
25 covering the cost of determining the applicant's eligibility
26 and providing the examination. Failure to appear for the
27 examination on the scheduled date, the time, and place
28 specified, after the applicant's application for examination
29 has been received and acknowledged by the Department or the
30 designated testing service, shall result in the forfeiture of
31 the examination fee.
32 3. The fee for a license for a nursing home
33 administrator registered or licensed under the laws of
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1 another U.S. jurisdiction is $150.
2 4. The fee for the renewal of a license shall be
3 calculated at the rate of $50 per year.
4 5. The fee for the restoration of a license other than
5 from inactive status is $10 plus payment of all lapsed
6 renewal fees.
7 6. The fee to be paid by an applicant for a temporary
8 license as provided under Section 9 of this Act is $75.
9 7. The fee for the issuance of a duplicate license, for
10 the issuance of a replacement license for a license which has
11 been lost or destroyed or for the issuance of a license with
12 a change of name or address other than during the renewal
13 period is $20.
14 8. The fee to be paid for a certification of a
15 licensee's record for any purpose is $20.
16 9. The fee to be paid to have the scoring of an
17 examination administered by the Department reviewed and
18 verified is $20 in addition to the fee required by the
19 testing service.
20 10. The fee by a licensee for a wall certificate showing
21 his licensure shall be the actual cost of producing such
22 certificate.
23 11. The fee for a roster of persons licensed as nursing
24 home administrators in this State shall be the actual cost of
25 producing such a roster.
26 12. The annual fee for continuing education sponsors is
27 $500, however State agencies, colleges and universities shall
28 be exempt from the payment of this fee.
29 (Source: P.A. 85-932.)
30 (225 ILCS 70/15) (from Ch. 111, par. 3665)
31 Sec. 15. Returned checks; fines. Any person who delivers
32 a check or other payment to the Department that is returned
33 to the Department unpaid by the financial institution upon
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1 which it is drawn shall pay to the Department, in addition to
2 the amount already owed to the Department, a fine of $50. If
3 the check or other payment was for a renewal or issuance fee
4 and that person practices without paying the renewal fee or
5 issuance fee and the fine due, an additional fine of $100
6 shall be imposed. The fines imposed by this Section are in
7 addition to any other discipline provided under this Act for
8 unlicensed practice or practice on a nonrenewed license. The
9 Department shall notify the person that payment of fees and
10 fines shall be paid to the Department by certified check or
11 money order within 30 calendar days of the notification. If,
12 after the expiration of 30 days from the date of the
13 notification, the person has failed to submit the necessary
14 remittance, the Department shall automatically terminate the
15 license or certificate or deny the application, without
16 hearing. If, after termination or denial, the person seeks a
17 license or certificate, he or she shall apply to the
18 Department for restoration or issuance of the license or
19 certificate and pay all fees and fines due to the Department.
20 The Department may establish a fee for the processing of an
21 application for restoration of a license or certificate to
22 pay all expenses of processing this application. The Director
23 may waive the fines due under this Section in individual
24 cases where the Director finds that the fines would be
25 unreasonable or unnecessarily burdensome.
26 (Source: P.A. 86-596; 87-1031.)
27 (225 ILCS 70/17) (from Ch. 111, par. 3667)
28 Sec. 17. Grounds for disciplinary action.
29 (a) The Department may impose fines not to exceed
30 $1,000, or may refuse to issue or to renew, or may revoke,
31 suspend, place on probation, censure, reprimand or take other
32 disciplinary action with regard to the license of any person,
33 for any one or combination of the following causes:
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1 (1) 1. Intentional material misstatement in
2 furnishing information to the Department.
3 (2) 2. Conviction of any crime under the laws of
4 the United States or any state or territory thereof that
5 which is a felony or which is a misdemeanor of which, an
6 essential element of which is dishonesty, or of any crime
7 that which is directly related to the practice of the
8 profession of nursing home administration.
9 (3) 3. Making any misrepresentation for the purpose
10 of obtaining a license licenses, or violating any
11 provision of this Act.
12 (4) 4. Immoral conduct in the commission of any
13 act, such as sexual abuse or sexual misconduct, related
14 to the licensee's practice.
15 (5) 5. Failing to respond within 60 days, to a
16 written request made by the Department for information
17 after consultation with the Nursing Home Administrator
18 Coordinator.
19 (6) 6. Engaging in dishonorable, unethical or
20 unprofessional conduct of a character likely to deceive,
21 defraud or harm the public.
22 (7) 7. Habitual use or addiction to alcohol,
23 narcotics, stimulants, or any other chemical agent or
24 drug which results in the inability to practice with
25 reasonable judgment, skill or safety.
26 (8) 8. Discipline by another U.S. jurisdiction if
27 at least one of the grounds for the discipline is the
28 same or substantially equivalent to those set forth
29 herein.
30 (9) 9. A finding by the Department that the
31 licensee, after having his or her license placed on
32 probationary status has violated the terms of probation.
33 (10) 10. Willfully making or filing false records
34 or reports in his or her practice, including but not
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1 limited to false records filed with State agencies or
2 departments.
3 (11) 11. Physical illness, including but not
4 limited to, deterioration through the aging process, or
5 loss of motor skill that which results in the inability
6 to practice the profession with reasonable judgment,
7 skill or safety.
8 (12) 12. Disregard or violation of this Act or of
9 any rule or regulation issued pursuant to this Act
10 thereto.
11 (13) 13. Aiding or abetting another in the
12 violation of this Act or any rule or regulation issued
13 pursuant to this Act thereto.
14 (14) 14. Allowing one's license to be used by an
15 unlicensed person.
16 (15) 15. Conviction of any crime an essential
17 element of which is misstatement, fraud or dishonesty, or
18 conviction in this State or another state of any crime
19 that which is a felony under the laws of this State or
20 conviction of a felony in a federal court.
21 (16) 16. Professional incompetence in the practice
22 of nursing home administration.
23 (17) 17. Conviction of a violation of Section 12-19
24 of the Criminal Code of 1961 for the abuse and gross
25 neglect of a long term care facility resident.
26 (18) 18. Violation of the Nursing Home Care Act or
27 of any rule issued under the Nursing Home Care Act.
28 All proceedings to suspend, revoke, place on probationary
29 status, or take any other disciplinary action as the
30 Department may deem proper, with regard to a license on any
31 of the foregoing grounds, must be commenced within 3 years
32 next after receipt by the Department of (i) a complaint
33 alleging the commission of or notice of the conviction order
34 for any of the acts described herein or (ii) a referral for
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1 investigation under Section 3-108 of the Nursing Home Care
2 Act.
3 The entry of an order or judgment by any circuit court
4 establishing that any person holding a license under this Act
5 is a person in need of mental treatment operates as a
6 suspension of that license. That person may resume their
7 practice only upon the entry of a Department order based upon
8 a finding by the Board that they have been determined to be
9 recovered from mental illness by the court and upon the
10 Board's recommendation that they be permitted to resume their
11 practice.
12 The Department, upon the recommendation of the Board,
13 shall adopt rules which set forth standards to be used in
14 determining what constitutes:
15 (a) when a person will be deemed sufficiently
16 rehabilitated to warrant the public trust;
17 (b) dishonorable, unethical or unprofessional
18 conduct of a character likely to deceive, defraud, or
19 harm the public;
20 (c) immoral conduct in the commission of any act
21 related to the licensee's practice; and
22 (d) professional incompetence in the practice of
23 nursing home administration.
24 However, no such rule shall be admissible into evidence
25 in any civil action except for review of a licensing or other
26 disciplinary action under this Act.
27 In enforcing this Section, the Department or Board, upon
28 a showing of a possible violation of paragraph 7 or 11, of
29 subsection (a), of Section 17, may compel any individual
30 licensed to practice under this Act, or who has applied for
31 licensure pursuant to this Act, to submit to a mental or
32 physical examination, or both, as required by and at the
33 expense of the Department. The examining physician or
34 physicians shall be those specifically designated by the
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1 Department or Board. The Department or Board may order the
2 examining physician to present testimony concerning this
3 mental or physical examination of the licensee or applicant.
4 No information shall be excluded by reason of any common law
5 or statutory privilege relating to communications between the
6 licensee or applicant and the examining physician. The
7 individual to be examined may have, at his or her own
8 expense, another physician of his or her choice present
9 during all aspects of the examination. Failure of any
10 individual to submit to mental or physical examination, when
11 directed, shall be grounds for suspension of his or her
12 license until such time as the individual submits to the
13 examination if the Department Board finds, after notice and
14 hearing, that the refusal to submit to the examination was
15 without reasonable cause.
16 If the Department or Board finds an individual a Nursing
17 Home Administrator unable to practice because of the reasons
18 set forth in this Section, the Department or Board shall
19 require such individual to submit to care, counseling, or
20 treatment by physicians approved or designated by the
21 Department or Board, 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, or the Board may recommend to the Department to file, a
25 complaint to immediately suspend, revoke, or otherwise
26 discipline the license of the individual. Any individual
27 Administrator, whose license was granted pursuant to this
28 Act, or, continued, reinstated, renewed, disciplined or
29 supervised, subject to such terms, conditions or restrictions
30 who shall fail to comply with such terms, conditions or
31 restrictions, or to complete a required program of care,
32 counseling, or treatment, as determined by the Nursing Home
33 Administrator Coordinator, shall be referred to the Director
34 for a determination as to whether the licensee shall have his
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1 or her their license suspended immediately, pending a hearing
2 by the Department Board. In instances in which the Director
3 immediately suspends a license under this Section, a hearing
4 upon such person's license must be convened by the Board
5 within 15 days after such suspension and completed without
6 appreciable delay. The Department and Board shall have the
7 authority to review the subject administrator's record of
8 treatment and counseling regarding the impairment, to the
9 extent permitted by applicable federal statutes and
10 regulations safeguarding the confidentiality of medical
11 records.
12 An individual licensed under this Act, affected under
13 this Section, shall be afforded an opportunity to demonstrate
14 to the Department or Board that he or she they can resume
15 practice in compliance with acceptable and prevailing
16 standards under the provisions of his or her their license.
17 (b) Immunity from prosecution. Any individual or
18 organization acting in good faith, and not in a wilful and
19 wanton manner, in complying with this Act by providing any
20 report or other information to the Department Board, or
21 assisting in the investigation or preparation of such
22 information, or by participating in proceedings of the
23 Department Board, or by serving as a member of the Board,
24 shall not, as a result of such actions, be subject to
25 criminal prosecution or civil damages.
26 (c) Indemnification. Members of the Board, and persons
27 retained under contract to assist and advise the Nursing Home
28 Administrator Coordinator in an investigation, shall be
29 indemnified by the State for any actions occurring within the
30 scope of services on or for the Board, done in good faith and
31 not wilful and wanton in nature. The Attorney General shall
32 defend all such actions unless he or she determines either
33 that there would be a conflict of interest in such
34 representation or that the actions complained of were not in
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1 good faith or were wilful and wanton.
2 Should the Attorney General decline representation, a
3 person entitled to indemnification under this Section shall
4 have the right to employ counsel of his or her choice, whose
5 fees shall be provided by the State, after approval by the
6 Attorney General, unless there is a determination by a court
7 that the member's actions were not in good faith or were
8 wilful and wanton.
9 A person entitled to indemnification under this Section
10 must notify the Attorney General within 7 days of receipt of
11 notice of the initiation of any action involving services of
12 the Board. Failure to so notify the Attorney General shall
13 constitute an absolute waiver of the right to a defense and
14 indemnification.
15 The Attorney General shall determine within 7 days after
16 receiving such notice, whether he or she will undertake to
17 represent a person entitled to indemnification under this
18 Section.
19 (d) The determination by a circuit court that a licensee
20 is subject to involuntary admission or judicial admission as
21 provided in the "Mental Health and Developmental Disabilities
22 Code", as amended, operates as an automatic suspension. Such
23 suspension will end only upon a finding by a court that the
24 patient is no longer subject to involuntary admission or
25 judicial admission and issues an order so finding and
26 discharging the patient; and upon the recommendation of the
27 Board to the Director that the licensee be allowed to resume
28 his or her practice.
29 (e) The Department may refuse to issue or may suspend
30 the license certificate of any person who fails to file a
31 return, or to pay the tax, penalty or interest shown in a
32 filed return, or to pay any final assessment of tax, penalty
33 or interest, as required by any tax Act administered by the
34 Illinois Department of Revenue, until such time as the
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1 requirements of any such tax Act are satisfied.
2 (f) The Illinois Department of Public Health shall
3 transmit to the Department a list of those facilities which
4 receive an "A" violation as defined in Section 1-129 of the
5 Nursing Home Care Act.
6 (Source: P.A. 89-197, eff. 7-21-95.)
7 (225 ILCS 70/18) (from Ch. 111, par. 3668)
8 Sec. 18. Cease and desist order.
9 (a) If any person who is not a licensed nursing home
10 administrator violates a the provision of this Act, the
11 Director may, in the name of the People of the State of
12 Illinois, through the Attorney General of the State of
13 Illinois or the State's Attorney of any county in which the
14 action is brought, petition, for an order enjoining such
15 violation or for an order enforcing compliance with this Act.
16 Upon the filing of a verified petition in court, the court
17 may issue a temporary restraining order, without notice or
18 bond, and may preliminarily and permanently enjoin such
19 violation., and If it is established that such person has
20 violated or is violating the injunction, the Court may punish
21 the offender for contempt of court. Proceedings under this
22 Section shall be in addition to, and not in lieu of, all
23 other remedies and penalties provided by this Act.
24 (b) If any person shall practice as a nursing home
25 administrator or hold himself or herself out as a nursing
26 home administrator without being licensed under the
27 provisions of this Act, then any licensed nursing home
28 administrator, any interested party, or any person injured
29 thereby may, in addition to the Director, petition for relief
30 as provided in subsection (a) of this Section.
31 Whoever knowingly practices or offers to practice nursing
32 home administration in this State without being licensed for
33 that purpose shall be guilty of a Class A misdemeanor and for
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1 each subsequent conviction, shall be guilty of a Class 4
2 felony.
3 (c) Whenever in the opinion of the Department any person
4 not licensed in good standing violates any provision of this
5 Act, the Department may issue a rule to show cause why an
6 order to cease and desist should not be entered against him
7 or her. The rule shall clearly set forth the grounds relied
8 upon by the Department and shall provide a period of 7
9 working days from the date of the rule to file an answer to
10 the satisfaction of the Department. Failure to answer to the
11 satisfaction of the Department shall cause an order to cease
12 and desist to be issued immediately forthwith.
13 (Source: P.A. 85-932.)
14 (225 ILCS 70/19) (from Ch. 111, par. 3669)
15 Sec. 19. Investigation; hearing notification. Upon the
16 motion of either the Department or the Board or upon the
17 verified complaint in writing of any person setting forth
18 facts that which, if proven, would constitute grounds for
19 suspension or revocation under Section 17 of this Act, the
20 Department shall investigate the actions of any person, so
21 accused, who holds or represents that he or she holds they
22 hold a license. Such a person is hereinafter called the
23 accused.
24 The Department shall, 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 at least 30 days prior to the date set
28 for the hearing, notify the accused in writing of any charges
29 made and the time and place for a hearing of the charges
30 before the Board, direct them to file their written answer to
31 such notice thereto to the Board under oath within 30 days
32 after the service on them of such notice and inform them that
33 if they fail to file such answer default will be taken
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1 against them and their license may be suspended, revoked,
2 placed on probationary status, or have other disciplinary
3 action, including limiting the scope, nature or extent of
4 their practice, as the Department may deem proper taken with
5 regard thereto.
6 Such written notice and any notice in such proceedings
7 thereafter may be served by delivery of the same, personally,
8 to the accused person, or by mailing the same by registered
9 or certified mail to the address last theretofore specified
10 by the accused in their last notification to the Department.
11 (Source: P.A. 85-932.)
12 (225 ILCS 70/20) (from Ch. 111, par. 3670)
13 Sec. 20. Board hearing; recommendation. At the time and
14 place fixed in the notice, the Board provided for in this Act
15 shall proceed to hear the charges and both the accused person
16 and the complainant shall be accorded ample opportunity to
17 present in person, or by counsel, such statements, testimony,
18 evidence and argument as may be pertinent to the charges or
19 to any defense thereto. The Board may continue such hearing
20 from time to time. If the Board is not sitting at the time
21 and place fixed in the notice or at the time and place to
22 which the hearing has been continued, the Department shall
23 continue such hearing for a period not to exceed 30 days.
24 In case the accused person, after receiving notice, fails
25 to file an answer, the Board may recommend that his or her
26 license be suspended, revoked or placed on probationary
27 status, or the Board may recommend whatever disciplinary
28 action as it may deem proper, without a hearing, if the act
29 or acts charged constitute sufficient grounds for such action
30 under this Act.
31 The Board has the authority to recommend to the Director
32 that probation be granted or that other disciplinary action,
33 be taken as it deems proper. If disciplinary action, other
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1 than suspension or revocation, is taken the Board may
2 recommend that the Director impose reasonable limitations and
3 requirements upon the accused registrant to insure compliance
4 with the terms of the probation or other disciplinary action,
5 including, but not limited to, regular reporting by the
6 accused to the Department of their actions, placing
7 themselves under the care of a qualified physician for
8 treatment, or limiting their practice in such manner as the
9 Director may require.
10 The Director, after consultation with the Nursing Home
11 Administrator Coordinator, may temporarily suspend the
12 license of a nursing home administrator without a hearing,
13 simultaneously with the institution of proceedings for a
14 hearing provided under this Section if the Director finds
15 that evidence in his or her possession indicates that an
16 administrator's continuation in practice would constitute an
17 immediate danger to the public. If the Director suspends,
18 temporarily, the license of an administrator without a
19 hearing, a hearing by the Board shall be held within 15 days
20 after such suspension has occurred and shall be concluded
21 without appreciable delay.
22 (Source: P.A. 85-932.)
23 (225 ILCS 70/20.1 new)
24 Sec. 20.1. Summary suspension. The Director may summarily
25 suspend the license of a nursing home administrator without a
26 hearing, simultaneously with the institution of proceedings
27 for a hearing provided under this Section if the Director
28 finds that evidence in his or her possession indicates that
29 an administrator's continuation in practice would constitute
30 an immediate danger to the public. If the Director summarily
31 suspends the license of an administrator without a hearing, a
32 hearing shall be held within 30 days after the suspension has
33 occurred.
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1 (225 ILCS 70/21) (from Ch. 111, par. 3671)
2 Sec. 21. Appointment of hearing officer. The Director
3 shall have the authority to appoint an attorney duly licensed
4 to practice law in the State of Illinois to serve as the
5 hearing officer in any action for refusal to issue, renew, or
6 discipline a license before the Board to suspend, revoke,
7 place on probationary status, or take any other disciplinary
8 action with regard to a license. The hearing officer shall
9 have full authority to conduct the hearing. There shall be
10 present at least one member of the Board at any such hearing.
11 The hearing officer shall report his or her findings of fact,
12 conclusions of law, and recommendations to the Board within
13 30 days of the receipt of the record. The Board shall have 60
14 90 days after from receipt of the report to review the report
15 of the hearing officer and present its their findings of
16 fact, conclusions of law, and recommendations to the
17 Director. If the Board fails to present its report within the
18 60 90 day period, the Director may issue an order based on
19 the report of the hearing officer. However, if the Board
20 does present its report within the specified 60 90 days, the
21 Director's order shall be based upon the report of the Board.
22 If the Director disagrees with the recommendation of the
23 Board or the hearing officer, the Director may issue an order
24 in contravention of the Board's report. The Director shall
25 promptly provide a written explanation to the Board on any
26 such disagreement.
27 (Source: P.A. 85-932.)
28 (225 ILCS 70/22) (from Ch. 111, par. 3672)
29 Sec. 22. Subpoena power. The Board or Department has
30 power to subpoena and bring before it any person in this
31 State and to take testimony either orally or by deposition,
32 or both, with the same fees and mileage and in the same
33 manner as is prescribed by law for judicial proceedings in
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1 civil cases.
2 The Department Board, upon a determination that probable
3 cause exists that a violation of one or more of the grounds
4 for discipline listed in Section 17 has occurred or is
5 occurring, may subpoena the records of an individual licensed
6 under this Act, provided, that prior to the submission of
7 such records to the Board, all information indicating the
8 identity of any resident shall be removed and deleted. The
9 use of such records shall be restricted to members of the
10 Board, the Nursing Home Administrator Coordinator, and
11 appropriate staff of the Department for the purpose of
12 determining the existence of one or more grounds for
13 discipline of the nursing home administrator as provided for
14 by Section 17 of this Act. Any such review of individual
15 residents' records shall be conducted by the Board in strict
16 confidentiality, provided that such resident records shall be
17 admissible in a disciplinary hearing, before the Department
18 Board, when necessary to substantiate the grounds for
19 discipline alleged against the administrator licensed under
20 this Act, and provided further, that nothing herein shall be
21 deemed to supersede the provisions of Part 21 of Article VIII
22 of the "Code of Civil Procedure", as now or hereafter
23 amended, to the extent applicable.
24 The Director, the designated hearing officer, and any
25 member of the Board each have the power to administer oaths
26 at any hearing that which the Board or Department is
27 authorized by law to conduct and any other oaths authorized
28 in an Act administered by the Department.
29 (Source: P.A. 85-932.)
30 (225 ILCS 70/23) (from Ch. 111, par. 3673)
31 Sec. 23. Record of proceedings. Stenographer; transcript.
32 The Department, at its expense, shall provide a stenographer
33 to take down the testimony and preserve a record of all
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1 proceedings at any formal the hearing of any case wherein a
2 license may be revoked, suspended, placed on probationary
3 status, or other disciplinary action taken with regard
4 thereto. The notice of hearing, complaint, and all other
5 documents in the nature of pleadings and written motions
6 filed in the proceedings, the transcript of testimony, the
7 report of the Board, and the orders of the Department shall
8 be constitute the record of the proceedings. The Department
9 shall furnish a transcript of the record to any person
10 interested in such hearing upon payment of the fee required
11 under Section 60f of the Civil Administrative Code of
12 Illinois.
13 (Source: P.A. 87-1031.)
14 (225 ILCS 70/24) (from Ch. 111, par. 3674)
15 Sec. 24. Motion for rehearing. The Board shall present
16 to the Director a written report of its findings and
17 recommendations. A copy of such report shall be served upon
18 the accused person, either personally or by registered or
19 certified mail. Within 20 30 days after such service, the
20 accused person may present to the Department a their motion,
21 in writing, for a rehearing, which written motion shall
22 specify the particular grounds for rehearing ground therefor.
23 If the accused person orders and pays for a transcript of the
24 record as provided in Section 23, the time elapsing
25 thereafter and before such transcript is ready for delivery
26 to them shall not be counted as part of such 30 days.
27 At the expiration of the time allowed for filing a motion
28 for rehearing, the Director may take the action recommended
29 by the Board. 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 the
32 license, the accused shall surrender their license to the
33 Department, if ordered to do so by the Department, and upon
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1 their failure or refusal so to do, the Department may seize
2 the same.
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
17 aging process, or loss of motor skill which results in an
18 inability to practice with reasonable judgment, skill, or
19 safety, the Department shall only permit this document, and
20 the record of the hearing incident thereto, to be observed,
21 inspected, viewed, or copied pursuant to court order.
22 (Source: P.A. 85-932.)
23 (225 ILCS 70/24.1 new)
24 Sec. 24.1. Surrender of license; record; list of
25 disciplinees. Upon the suspension, revocation, placement on
26 probationary status, or the taking of any other disciplinary
27 action deemed proper by the Board with regard to a license,
28 the accused shall surrender his or her license to the
29 Department, if ordered to do so by the Department, and upon
30 his or her failure or refusal to do so, the Department may
31 seize the license.
32 Each order of revocation, suspension, or other
33 disciplinary action shall contain a brief, concise statement
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1 of the ground or grounds upon which the Department's action
2 is based, as well as the specific terms and conditions of
3 such action. This document shall be retained as a permanent
4 record by the Board and the Director.
5 The Department shall at least annually publish a list of
6 the names of all persons disciplined under this Act in the
7 preceding 12 months. Such lists shall be mailed by the
8 Department to any person in the State upon request.
9 In those instances where an order of revocation,
10 suspension, or other disciplinary action has been rendered by
11 virtue of a nursing home administrator's physical illness,
12 including but not limited to deterioration through the aging
13 process, or loss of motor skill that results in an inability
14 to practice with reasonable judgment, skill, or safety, the
15 Department shall only permit this document, and the record of
16 the hearing incident thereto, to be observed, inspected,
17 viewed, or copied pursuant to court order.
18 (225 ILCS 70/28) (from Ch. 111, par. 3678)
19 Sec. 28. Rehearing on order of Director. Whenever the
20 Director believes justice has not been done in the refusal to
21 issue or renew a license or revocation, suspension, or
22 discipline of a license, he or she may order a rehearing.
23 None of the disciplinary functions, powers and duties
24 enumerated in this Act shall be exercised by the Department
25 except upon the action and report in writing of the Board.
26 In all instances, under this Act, in which the Board has
27 rendered a recommendation to the Director with respect to a
28 particular administrator, the Director shall, in the event
29 that he or she disagrees with or takes action contrary to the
30 recommendation of the Board, file with the Board and the
31 Secretary of State his or her specific written reasons of
32 disagreement with the Board. Such reasons shall be filed
33 within 30 days of the occurrence of the Director's contrary
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1 position having been taken.
2 The action and report in writing of a majority of the
3 Board designated is sufficient authority upon which the
4 Director may act.
5 Whenever the Director is satisfied that substantial
6 justice has not been done either in an examination, or in a
7 formal disciplinary action, or refusal to restore a license,
8 he or she may order a re-examination or re-hearing by the
9 same or other examiners.
10 (Source: P.A. 85-932.)
11 (225 ILCS 70/37 rep.)
12 Section 45. The Nursing Home Administrators Licensing and
13 Disciplinary Act is amended by repealing Section 37.
14 Section 50. The Physician Assistant Practice Act of 1987
15 is amended by changing Sections 6, 9, 10, 11, 14, 16, 17, 21,
16 22.1, 22.2, 22.5, 22.7, 22.11, 22.12, and 24 and by adding
17 Section 14.1 as follows:
18 (225 ILCS 95/6) (from Ch. 111, par. 4606)
19 Sec. 6. Title; billing. No physician assistant shall use
20 the title of doctor or associate with his or her name or any
21 other term that which would indicate to other persons that he
22 or she is qualified to engage in the general practice of
23 medicine. A physician assistant shall not be allowed to bill
24 patients or in any way to charge for services. Nothing in
25 this Act, however, shall be so construed as to prevent the
26 employer of a physician assistant from charging for services
27 rendered by the physician assistant. The supervising
28 physician shall file with the Department notice of
29 employment, discharge, or supervisory control of a physician
30 assistant at the time of employment, discharge, or assumption
31 of supervisory control of a physician assistant.
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1 (Source: P.A. 85-981.)
2 (225 ILCS 95/9) (from Ch. 111, par. 4609)
3 Sec. 9. Application for licensure. Applications for
4 original licenses shall be made to the Department in writing
5 on forms prescribed by the Department and shall be
6 accompanied by the required fee, which shall not be
7 refundable. An Any such application shall require such
8 information that as in the judgment of the Department will
9 enable the Department to pass on the qualifications of the
10 applicant for a license. An Such application shall include
11 evidence of passage of the examination of the National
12 Commission on the Certification of Physician Assistants, or
13 its successor agency, and proof that the applicant holds a
14 valid certificate issued by that Commission.
15 Applicants have 3 years from the date of application to
16 complete the application process. If the process has not been
17 completed in 3 years, the application shall be denied, the
18 fee shall be forfeited, and the applicant must reapply and
19 meet the requirements in effect at the time of reapplication.
20 If an applicant fails to obtain registration under this
21 Act within 3 years after filing his application, the
22 application shall be denied. However, such applicant may make
23 a new application, accompanied by the required fee.
24 (Source: P.A. 86-596.)
25 (225 ILCS 95/10) (from Ch. 111, par. 4610)
26 Sec. 10. Identification. No person shall use the title or
27 perform the duties of "Physician assistant" unless he or she
28 is a qualified holder of a license issued by the Department
29 certificate as provided in this Act. A physician assistant
30 shall wear on his or her person a visible identification
31 indicating that he or she is certified as a physician
32 assistant while acting in the course of his or her duties.
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1 (Source: P.A. 85-981.)
2 (225 ILCS 95/11) (from Ch. 111, par. 4611)
3 Sec. 11. Committee. There is established a physician
4 assistant advisory committee to the Medical Licensing Board.
5 The physician assistant advisory committee shall review and
6 make recommendations to the Board regarding all matters
7 relating to physician assistants. The physician assistant
8 advisory committee shall be composed of 7 members. Three of
9 the 7 members shall be physicians, 2 of whom shall be members
10 of the Board and appointed to the advisory committee by the
11 chairman. One physician, not a member of the Board, shall be
12 a supervisor of a certified physician assistant and shall be
13 approved by the Governor from a list of Illinois physicians
14 supervising certified physician assistants. Three members
15 shall be physician assistants, certified under the law and
16 appointed by the Governor from a list of 10 names recommended
17 by the Board of Directors of the Illinois Academy of
18 Physician Assistants. One member, not employed or having any
19 material interest in any health care field, shall be
20 appointed by the Governor and represent the public. The
21 chairman of the physician assistant advisory committee shall
22 be a member elected by a majority vote of the physician
23 assistant advisory committee unless already a member of the
24 Board. The physician assistant advisory committee is required
25 to meet and report to the Board quarterly and as physician
26 assistant issues arise. Initial appointment to the physician
27 assistant advisory committee shall be made within 90 days
28 after the effective date of this Section. The terms of office
29 of each of the original 7 members shall be at staggered
30 intervals. One physician and one physician assistant shall
31 serve for a 2 year term. One physician and one physician
32 assistant shall serve a 3 year term. One physician, one
33 physician assistant and the public member shall serve a 4
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1 year term. Upon the expiration of the term of any member, his
2 successor shall be appointed for a term of 4 years in the
3 same manner as the initial appointment. No member shall serve
4 more than 2 consecutive terms.
5 The members of the physician assistant advisory committee
6 shall be reimbursed for all authorized legitimate and
7 necessary expenses incurred in attending the meetings of the
8 committee.
9 A majority of the physician assistant advisory committee
10 members currently appointed shall constitute a quorum. A
11 vacancy in the membership of the committee shall not impair
12 the right of a quorum to perform all of the duties of the
13 committee.
14 Members of the physician assistant advisory committee
15 shall have no liability for any action based upon a
16 disciplinary proceeding or other activity performed in good
17 faith as a member of the committee.
18 (Source: P.A. 85-981.)
19 (225 ILCS 95/14) (from Ch. 111, par. 4614)
20 Sec. 14. Issuance of license.
21 (a) Upon the satisfactory completion of application and
22 examination procedures and compliance with the applicable
23 rules of the Department, the Department shall issue a
24 physician assistant license certificate to the qualifying
25 applicant who holds a certificate issued by the National
26 Commission on the Certification of Physician Assistants or
27 equivalent successor agency.
28 (b) Those Individuals who have successfully completed an
29 approved physician assistant program as determined by rules
30 of the Department, and who have made application to the
31 Department and submitted evidence to the Department of
32 admission to the certifying examination administered by the
33 National Commission on the Certification of Physician
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1 Assistants, or its successor agency, shall be issued a
2 temporary license that certificate which shall allow the
3 applicant to practice until:
4 (1) he or she receives certification from the
5 National Commission on the Certification of Physician
6 Assistants or its successor agency; or
7 (2) fifteen months have elapsed, whichever comes
8 first.
9 Under no circumstances shall such applicant continue to
10 practice on the temporary license certificate after
11 notification that he or she has failed the examination. Such
12 authorization shall not be renewable.
13 (Source: P.A. 85-981.)
14 (225 ILCS 95/14.1 new)
15 Sec. 14.1. Fees.
16 (a) The Department shall provide by rule for a schedule
17 of fees to be paid for licenses by all applicants. All fees
18 are not refundable.
19 (b) Except as provided in subsection (c) below, the fees
20 for the administration and enforcement of this Act, including
21 but not limited to original licensure, renewal, and
22 restoration, shall be set by rule.
23 (c) All moneys collected under this Act by the
24 Department shall be deposited in the Illinois State Medical
25 Disciplinary Fund in the State Treasury and used (1) in the
26 exercise of its powers and performance of its duties under
27 this Act, as such use is made by the Department; (2) for
28 costs directly related to license renewal of persons licensed
29 under this Act; (3) for the costs incurred by the physician
30 assistant advisory committee in the exercise of its powers
31 and performance of its duties under this Act, as such use is
32 made by the Department; and (4) for direct and allocable
33 indirect costs related to the public purposes of the
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1 Department of Professional Regulation.
2 All earnings received from investment of moneys in the
3 Illinois State Medical Disciplinary Fund shall be deposited
4 into the Illinois State Medical Disciplinary Fund and shall
5 be used for the same purposes as fees deposited in the Fund.
6 (225 ILCS 95/16) (from Ch. 111, par. 4616)
7 Sec. 16. Expiration; renewal. The expiration date and
8 renewal period for each license issued under this Act shall
9 be set by rule. Renewal shall be conditioned on paying the
10 required fee and by meeting such other requirements as may be
11 established by rule.
12 Any physician assistant who has permitted his or her
13 license to expire or who has had his or her license on
14 inactive status may have the his license restored by making
15 application to the Department and filing proof acceptable to
16 the Department of his or her fitness to have the his license
17 restored, and by paying the required fees. Such Proof of
18 fitness may include sworn evidence certifying to active
19 lawful practice in another jurisdiction.
20 If the physician assistant has not maintained an active
21 practice in another jurisdiction satisfactory to the
22 Department, the Department shall determine, by an evaluation
23 program established by rule, his or her fitness for
24 restoration of the his license and shall establish procedures
25 and requirements for such restoration.
26 However, any physician assistant whose license expired
27 while he or she was (1) in federal service on active duty
28 with the Armed Forces of the United States, or the State
29 Militia called into service or training, or (2) in training
30 or education under the supervision of the United States
31 preliminary to induction into the military service, may have
32 the his license restored without paying any lapsed renewal
33 fees if within 2 years after honorable termination of such
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1 service, training, or education he or she furnishes the
2 Department with satisfactory evidence to the effect that he
3 or she has been so engaged and that his or her service,
4 training, or education has been so terminated.
5 (Source: P.A. 85-981.)
6 (225 ILCS 95/17) (from Ch. 111, par. 4617)
7 Sec. 17. Inactive status. Any physician assistant who
8 notified the Department in writing on forms prescribed by the
9 Department, may elect to place his or her license on an
10 inactive status and shall, subject to rules of the
11 Department, be excused from payment of renewal fees until he
12 or she notifies the Department in writing of his or her
13 intention to restore the his license.
14 Any physician assistant requesting restoration from
15 inactive status shall be required to pay the current renewal
16 fee and shall be required to restore his or her license, as
17 provided in Section 16 of this Act.
18 Any physician assistant whose license is in an inactive
19 status shall not practice in the State of Illinois.
20 Any licensee who shall engage in practice while his or
21 her license is lapsed or on inactive status shall be
22 considered to be practicing without a license, which shall be
23 grounds for discipline under Section 21 of this Act.
24 (Source: P.A. 85-981.)
25 (225 ILCS 95/21) (from Ch. 111, par. 4621)
26 Sec. 21. Grounds for disciplinary action.
27 (a) The Department may refuse to issue or to renew, or
28 may revoke, suspend, place on probation, censure or
29 reprimand, or take other disciplinary action with regard to
30 any license issued under this Act as the Department may deem
31 proper, including the issuance of fines not to exceed $5000
32 for each violation, for any one or combination of the
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1 following causes:
2 (1) 1. Material misstatement in furnishing
3 information to the Department.;
4 (2) 2. Violations of this Act, or the rules adopted
5 under this Act promulgated hereunder.;
6 (3) 3. Conviction of any crime under the laws of
7 any U.S. jurisdiction that thereof which is a felony or
8 that which is a misdemeanor, an essential element of
9 which is dishonesty, or of any crime which is directly
10 related to the practice of the profession.;
11 (4) 4. Making any misrepresentation for the purpose
12 of obtaining licenses.;
13 (5) 5. Professional incompetence.;
14 (6) 6. Aiding or assisting another person in
15 violating any provision of this Act or its rules.;
16 (7) 7. Failing, within 60 days, to provide
17 information in response to a written request made by the
18 Department.;
19 (8) 8. Engaging in dishonorable, unethical, or
20 unprofessional conduct, as defined by rule, of a
21 character likely to deceive, defraud, or harm the
22 public.;
23 (9) 9. Habitual or excessive use or addiction to
24 alcohol, narcotics, stimulants, or any other chemical
25 agent or drug that which results in a physician
26 assistant's assistants' inability to practice with
27 reasonable judgment, skill, or safety.;
28 (10) 10. Discipline by another U.S. jurisdiction or
29 foreign nation, if at least one of the grounds for a
30 discipline is the same or substantially equivalent to
31 those set forth in this Section. herein;
32 (11) 11. Directly or indirectly giving to or
33 receiving from any person, firm, corporation,
34 partnership, or association any fee, commission, rebate
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1 or other form of compensation for any professional
2 services not actually or personally rendered.;
3 (12) 12. A finding by the Disciplinary Board that
4 the licensee, after having his or her license placed on
5 probationary status has violated the terms of probation.;
6 (13) 13. Abandonment of a patient.;
7 (14) 14. Willfully making or filing false records
8 or reports in his or her practice, including but not
9 limited to false records filed with state agencies or
10 departments.;
11 (15) 15. Willfully failing to report an instance of
12 suspected child abuse or neglect as required by the
13 Abused and Neglected Child Reporting Act.;
14 (16) 16. Physical illness, including but not
15 limited to, deterioration through the aging process, or
16 loss of motor skill, mental illness, or disability that
17 which results in the inability to practice the profession
18 with reasonable judgment, skill or safety.;
19 (17) 17. Being named as a perpetrator in an
20 indicated report by the Department of Children and Family
21 Services under the Abused and Neglected Child Reporting
22 Act, and upon proof by clear and convincing evidence that
23 the licensee has caused a child to be an abused child or
24 neglected child as defined in the Abused and Neglected
25 Child Reporting Act.;
26 (18) 18. Conviction in this State or another state
27 of any crime that which is a felony under the laws of
28 this State, or conviction of a felony in a federal
29 court.;
30 (19) 19. Gross malpractice resulting in permanent
31 injury or death of a patient.;
32 (20) 20. Employment of fraud, deception, or any
33 unlawful means in applying for or securing a license as a
34 physician assistant.;
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1 (21) 21. Exceeding the authority delegated to him
2 or her by his or her supervising physician in guidelines
3 established by the physician/physician assistant team.;
4 (22) 22. Immoral conduct in the commission of any
5 act, such as sexual abuse, sexual misconduct or sexual
6 exploitation, related to the licensee's practice.;
7 (23) 23. Violation of the Health Care Worker
8 Self-Referral Act.
9 (b) The Department may refuse to issue or may suspend
10 the license of any person who fails to file a return, or to
11 pay the tax, penalty or interest shown in a filed return, or
12 to pay any final assessment of the tax, penalty, or interest
13 as required by any tax Act administered by the Illinois
14 Department of Revenue, until such time as the requirements of
15 any such tax Act are satisfied.
16 (c) The determination by a circuit court that a licensee
17 is subject to involuntary admission or judicial admission as
18 provided in the Mental Health and Developmental Disabilities
19 Code operates as an automatic suspension. The Such suspension
20 will end only upon a finding by a court that the patient is
21 no longer subject to involuntary admission or judicial
22 admission and issues an order so finding and discharging the
23 patient,; and upon the recommendation of the Disciplinary
24 Board to the Director that the licensee be allowed to resume
25 his or her practice.
26 (d) In enforcing this Section, the Department upon a
27 showing of a possible violation may compel an individual
28 licensed to practice under this Act, or who has applied for
29 licensure under this Act, to submit to a mental or physical
30 examination, or both, as required by and at the expense of
31 the Department. The Department may order the examining
32 physician to present testimony concerning the mental or
33 physical examination of the licensee or applicant. No
34 information shall be excluded by reason of any common law or
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1 statutory privilege relating to communications between the
2 licensee or applicant and the examining physician. The
3 examining physicians shall be specifically designated by the
4 Department. The individual to be examined may have, at his or
5 her own expense, another physician of his or her choice
6 present during all aspects of this examination. Failure of
7 an individual to submit to a mental or physical examination,
8 when directed, shall be grounds for suspension of his or her
9 license until the individual submits to the examination if
10 the Department finds, after notice and hearing, that the
11 refusal to submit to the examination was without reasonable
12 cause.
13 If the Department finds an individual unable to practice
14 because of the reasons set forth in this Section, the
15 Department may require that individual to submit to care,
16 counseling, or treatment by physicians approved or designated
17 by the Department, as a condition, term, or restriction for
18 continued, reinstated, or renewed licensure to practice; or,
19 in lieu of care, counseling, or treatment, the Department may
20 file a complaint to immediately suspend, revoke, or otherwise
21 discipline the license of the individual. An individual whose
22 license was granted, continued, reinstated, renewed,
23 disciplined, or supervised subject to such terms, conditions,
24 or restrictions, and who fails to comply with such terms,
25 conditions, or restrictions, shall be referred to the
26 Director for a determination as to whether the individual
27 shall have his or her license suspended immediately, pending
28 a hearing by the Department.
29 In instances in which the Director immediately suspends a
30 person's license under this Section, a hearing on that
31 person's license must be convened by the Department within 15
32 days after the suspension and completed without appreciable
33 delay. The Department shall have the authority to review the
34 subject individual's record of treatment and counseling
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1 regarding the impairment to the extent permitted by
2 applicable federal statutes and regulations safeguarding the
3 confidentiality of medical records.
4 An individual licensed under this Act and affected under
5 this Section shall be afforded an opportunity to demonstrate
6 to the Department that he or she can resume practice in
7 compliance with acceptable and prevailing standards under the
8 provisions of his or her license.
9 (Source: P.A. 87-1207.)
10 (225 ILCS 95/22.1) (from Ch. 111, par. 4622.1)
11 Sec. 22.1. Injunction.
12 (a) If any person violates the provision of this Act,
13 the Director may, in the name of the People of the State of
14 Illinois, through the Attorney General of the State of
15 Illinois, or the State's Attorney of any county in which the
16 action is brought, petition, for an order enjoining the such
17 violation or for an order enforcing compliance with this Act.
18 Upon the filing of a verified petition in court, the court
19 may issue a temporary restraining order, without notice or
20 bond, and may preliminarily and permanently enjoin such
21 violation, and if it is established that such person has
22 violated or is violating the injunction, the Court may punish
23 the offender for contempt of court. Proceedings under this
24 Section shall be in addition to, and not in lieu of, all
25 other remedies and penalties provided by this Act.
26 (b) If any person shall practice as a physician
27 assistant or hold himself or herself out as a physician
28 assistant without being licensed under the provisions of this
29 Act, then any licensed physician assistant, any interested
30 party or any person injured thereby may, in addition to the
31 Director, petition for relief as provided in subsection (a)
32 of this Section.
33 (c) Whenever in the opinion of the Department any person
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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 him. The rule shall clearly set forth
4 the grounds relied upon by the Department and shall provide a
5 period of 7 days from the date of the rule to file an answer
6 to the satisfaction of the Department. Failure to answer to
7 the satisfaction of the Department shall cause an order to
8 cease and desist to be issued forthwith.
9 (Source: P.A. 85-981.)
10 (225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
11 Sec. 22.2. Investigation; notice; hearing. The Department
12 may investigate the actions of any applicant or of any person
13 or persons holding or claiming to hold a license. The
14 Department shall, before suspending, revoking, placing on
15 probationary status, or taking any other disciplinary action
16 as the Department may deem proper with regard to any license
17 or certificate, at least 30 days prior to the date set for
18 the hearing, notify the applicant or licensee accused in
19 writing of any charges made and the time and place for a
20 hearing of the charges before the Disciplinary Board, direct
21 him or her to file his or her written answer thereto to the
22 Disciplinary Board under oath within 20 days after the
23 service on him or her of such notice and inform him or her
24 that if he or she fails to file such answer default will be
25 taken against him or her and his or her license or
26 certificate may be suspended, revoked, placed on probationary
27 status, or have other disciplinary action, including limiting
28 the scope, nature or extent of his or her practice, as the
29 Department may deem proper taken with regard thereto. Such
30 written notice may be served by personal delivery or
31 certified or registered mail at the last address of his or
32 her last notification to the Department. At the time and
33 place fixed in the notice, the Department shall proceed to
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1 hear the charges and the parties or their counsel shall be
2 accorded ample opportunity to present such statements,
3 testimony, evidence, and argument as may be pertinent to the
4 charges or to the defense thereto. The Department may
5 continue such hearing from time to time. In case the
6 applicant or licensee accused person, after receiving notice,
7 fails to file an answer, his or her license or certificate
8 may in the discretion of the Director, having received first
9 the recommendation of the Disciplinary Board, be suspended,
10 revoked, placed on probationary status, or the Director may
11 take whatever disciplinary action as he or she may deem
12 proper, including limiting the scope, nature, or extent of
13 such person's practice, without a hearing, if the act or acts
14 charged constitute sufficient grounds for such action under
15 this Act.
16 (Source: P.A. 85-981.)
17 (225 ILCS 95/22.5) (from Ch. 111, par. 4622.5)
18 Sec. 22.5. Subpoena power; oaths. The Department shall
19 have power to subpoena and bring before it any person in this
20 State and to take testimony either orally or by deposition or
21 both, with the same fees and mileage and in the same manner
22 as prescribed by law in judicial proceedings in civil cases
23 in circuit courts of this State.
24 The Director, the designated hearing officer, and any
25 member of the Disciplinary Board designated by the Director
26 shall each have power to administer oaths to witnesses at any
27 hearing which the Department is authorized to conduct under
28 this Act, and any other oaths required or authorized to be
29 administered by the Department under this Act hereunder.
30 (Source: P.A. 85-981.)
31 (225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
32 Sec. 22.7. Hearing officer. Notwithstanding the
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1 provisions of Section 22.2 of this Act, the Director shall
2 have the authority to appoint any attorney duly licensed to
3 practice law in the State of Illinois to serve as the hearing
4 officer in any action for refusal to issue or, renew, or for
5 discipline of, a license or certificate. The Director shall
6 notify the Disciplinary Board of any such appointment. The
7 hearing officer shall have full authority to conduct the
8 hearing. The hearing officer shall report his or her
9 findings of fact, conclusions of law, and recommendations to
10 the Disciplinary Board and the Director. The Disciplinary
11 Board shall have 60 days from receipt of the report to review
12 the report of the hearing officer and present their findings
13 of fact, conclusions of law, and recommendations to the
14 Director. If the Disciplinary Board fails to present its
15 report within the 60 day period, the Director shall issue an
16 order based on the report of the hearing officer. If the
17 Director disagrees in any regard with the report of the
18 Disciplinary Board or hearing officer, he or she may issue an
19 order in contravention thereof. The Director shall provide a
20 written explanation to the Disciplinary Board on any such
21 deviation, and shall specify with particularity the reasons
22 for such action in the final order.
23 (Source: P.A. 85-981.)
24 (225 ILCS 95/22.11) (from Ch. 111, par. 4622.11)
25 Sec. 22.11. Restoration of license. At any time after the
26 suspension or revocation of any license the Department may
27 restore it to the licensee accused person, unless after an
28 investigation and a hearing, the Department determines that
29 restoration is not in the public interest. Where
30 circumstances of suspension or revocation so indicate, the
31 Department may require an examination of the licensee prior
32 to restoring his or her license.
33 (Source: P.A. 85-981.)
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1 (225 ILCS 95/22.12) (from Ch. 111, par. 4622.12)
2 Sec. 22.12. Surrender of license. Upon the revocation or
3 suspension of any license, the licensee shall immediately
4 forthwith surrender the license to the Department. and If the
5 licensee fails to do so, the Department shall have the right
6 to seize the license.
7 (Source: P.A. 85-981.)
8 (225 ILCS 95/24) (from Ch. 111, par. 4624)
9 Sec. 24. Pending actions. All licenses in effect on
10 December 31, 1987 and issued pursuant to the "Physician's
11 Assistants Practice Act", approved September 11, 1975, as
12 amended, are reinstated for the balance of the term for which
13 last issued. All rules and regulations in effect on December
14 31, 1987 and promulgated pursuant to the "Physician's
15 Assistants Practice Act", approved September 11, 1975, as
16 amended, shall remain in full force and effect on the
17 effective date of this Act without being promulgated again by
18 the Department, except to the extent any such rule or
19 regulation is inconsistent with any provision of this Act.
20 All disciplinary actions taken or pending pursuant to the
21 "Physician's Assistants Practice Act", approved September 11,
22 1975, as amended, shall, for the actions taken, remain in
23 effect, and for the actions pending, shall be continued, on
24 the effective date of this Act without having separate
25 actions filed by the Department.
26 (Source: P.A. 85-981.)
27 (225 ILCS 95/18 rep.)
28 Section 55. The Physician Assistant Practice Act of 1987
29 is amended by repealing Section 18.
30 Section 70. The Professional Geologist Licensing Act is
31 amended by changing Sections 25, 52, and 65 as follows:
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1 (225 ILCS 745/25)
2 Sec. 25. Restrictions and limitations. No person shall,
3 without a valid license issued by the Department (i) in any
4 manner hold himself or herself out to the public as a
5 licensed professional geologist; (ii) attach the title
6 "Licensed Professional Geologist" to his or her name; or
7 (iii) render or offer to render to individuals, corporations,
8 or public agencies services constituting the practice of
9 professional geology.
10 Individuals practicing geology in Illinois as of the
11 effective date of this amendatory Act of 1997 may continue to
12 practice as provided in this Act until the Department has
13 adopted rules implementing this Act. To continue practicing
14 geology after the adoption of rules, individuals shall apply
15 for licensure within 180 days after the effective date of the
16 rules. If an application is received during the 180-day
17 period, the individual may continue to practice until the
18 Department acts to grant or deny licensure. If an
19 application is not filed within the 180-day period, the
20 individual must cease the practice of geology at the
21 conclusion of the 180-day period and until the Department
22 acts to grant a license to the individual.
23 (Source: P.A. 89-366, eff. 7-1-96.)
24 (225 ILCS 745/52)
25 Sec. 52. Alternate qualification for licensure. The
26 Department may issue a license to practice professional
27 geology in Illinois to any applicant who, on or before July
28 1, 1998 within one calendar year after the effective date of
29 this Act, meets the following qualifications:
30 (1) The applicant has completed an application form
31 and remitted the application fee.
32 (2) The applicant meets all of the requirements for
33 a license under subsection (a) of Section 50 excluding
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1 the requirements for passing the required examination.
2 (Source: P.A. 89-366, eff. 7-1-96.)
3 (225 ILCS 745/65)
4 Sec. 65. Expiration and renewal of license. The
5 expiration date and renewal period for each license shall be
6 set by rule. A professional geologist whose license has
7 expired may reinstate his or her license at any time within 5
8 years after the expiration thereof, by making a renewal
9 application and by paying the required fee. However, any
10 professional geologist whose license expired while he or she
11 was (i) on active duty with the Armed Forces of the United
12 States or called into service or training by the State
13 militia or (ii) in training or education under the
14 supervision of the United States preliminary to induction
15 into the military service, may have his professional
16 geologist license renewed, reinstated, or restored without
17 paying any lapsed renewal fees if within 2 years after
18 termination of the service, training, or education the
19 professional geologist furnishes the Department with
20 satisfactory evidence of service, training, or education and
21 it has been terminated under honorable conditions.
22 Any professional geologist whose license has expired for
23 more than 5 years may have it restored by making application
24 to the Department, paying the required fee, and filing
25 acceptable proof of fitness to have the license restored. The
26 proof may include sworn evidence certifying active practice
27 in another jurisdiction. If the geologist has not practiced
28 for 5 years or more, the Board shall determine by an
29 evaluation program established by rule, whether that
30 individual is fit to resume active status and may require the
31 professional geologist to complete a period of evaluated
32 professional clinical experience and may require successful
33 completion of an examination.
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1 The Department may refuse to issue or may suspend the
2 license of any person who fails to file a return, or to pay
3 the tax, penalty or interest shown in a filed return, or to
4 pay any final assessment of tax, penalty, or interest, as
5 required by any tax Act administered by the Illinois
6 Department of Revenue, until such time as the requirements of
7 any such tax Act are satisfied.
8 (Source: P.A. 89-366, eff. 7-1-96.)
9 Section 95. No acceleration or delay. Where this Act
10 makes changes in a statute that is represented in this Act by
11 text that is not yet or no longer in effect (for example, a
12 Section represented by multiple versions), the use of that
13 text does not accelerate or delay the taking effect of (i)
14 the changes made by this Act or (ii) provisions derived from
15 any other Public Act.
16 Section 99. Effective date. This Act takes effect
17 December 30, 1997, except that Sections 10, 15, and 99 take
18 effect upon becoming law.
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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
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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
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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
HB2236 Engrossed -141- 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
HB2236 Engrossed -142- 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.