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90_HB3224
New Act
5 ILCS 80/4.19 new
Creates the Certified Surgical Assistant Practice Act to
regulate certified surgical assistants through licensing
requirements. Amends the Regulatory Agency Sunset Act to
repeal the new Act on January 1, 2009. Effective January 1,
1999.
LRB9006607NTsbA
LRB9006607NTsbA
1 AN ACT to create the Certified Surgical Assistant
2 Practice Act and to amend a named Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Certified Surgical Assistant Practice Act.
7 Section 5. Legislative purpose. The practice as a
8 certified surgical assistant is declared to affect the public
9 health, safety, and welfare and to be subject to
10 regulation and control in the public interest. The
11 purpose of this Act is to encourage and promote the more
12 effective utilization of the skills of operating physicians
13 by enabling them to delegate certain surgery-related tasks
14 to certified surgical assistants to the extent the delegation
15 is consistent with the health and welfare of the patient and
16 is conducted at the direction of and under the supervision of
17 the operating physician.
18 It is further declared to be a matter of public health
19 and concern that the practice as a certified surgical
20 assistant merit and receive the confidence of the public and,
21 therefore, that only qualified persons be authorized to
22 practice as a certified surgical assistant in this State.
23 This Act shall be liberally construed to best carry out these
24 subjects and purposes.
25 Section 10. Definitions. As used in this Act:
26 "Board" means the Medical Licensing Board created under
27 the Medical Practice Act of 1987.
28 "Certified Surgical assistant" means a person who is not
29 a physician licensed to practice medicine in all of its
30 branches and who is certified by the National Surgical
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1 Assistant Association on the Certification of Surgical
2 Assistants and licensed under this Act to provide aid to
3 operating physicians in exposure, hemostasis, and other
4 technical functions that will help an operating physician to
5 perform a safe operation with optimal results for the
6 patient.
7 "Department" means the Department of Professional
8 Regulation.
9 "Director" means the Director of Professional Regulation.
10 "Direct supervision" means the supervision of a certified
11 surgical assistant by an operating physician and requires
12 that the operating physician authorize the procedure, remain
13 in the facility while the procedure is performed, and approve
14 the work performed, but does not require that the operating
15 physician be present with the patient during the procedure.
16 "Disciplinary Board" means the Illinois State Medical
17 Disciplinary Board.
18 "Operating physician" means a person licensed to practice
19 medicine in all of its branches under the Medical Practice
20 Act of 1987.
21 Section 15. Application of Act. This Act shall not be
22 construed to prohibit the following:
23 (1) A person licensed in this State under any other
24 Act from engaging in the practice for which he or she is
25 licensed, including but not limited to a physician
26 assistant or nurse performing surgery-related tasks
27 within the scope of his or her license.
28 (2) A person from engaging in the practice as a
29 certified surgical assistant in the discharge of his or
30 her official duties as an employee of the United States
31 government.
32 (3) One or more licensed certified surgical
33 assistants from forming a professional service
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1 corporation in accordance with the Professional Service
2 Corporation Act and applying for licensure as a
3 corporation providing certified surgical assistant
4 services.
5 (4) A student engaging in the practice as a
6 surgical assistant under the direct supervision of a
7 physician licensed to practice medicine in all of its
8 branches as part of his or her program of study at a
9 school approved by the Department or in preparation to
10 qualify for the examination as prescribed under
11 subdivision (3) of subsection (a) of Section 40 of this
12 Act.
13 (5) A person from assisting in surgery at an
14 operating physician's discretion.
15 Section 20. Powers and duties of the Department.
16 (a) The Department shall exercise the powers and duties
17 prescribed by the Civil Administrative Code of Illinois for
18 the administration of licensing Acts and shall exercise any
19 other powers and duties necessary for effectuating the
20 purposes of this Act.
21 (b) The Department may adopt rules consistent with the
22 provisions of this Act for its administration and enforcement
23 and may prescribe forms that shall be issued in connection
24 with this Act. The rules may include but are not limited to
25 standards and criteria for licensure, professional conduct,
26 and discipline.
27 Section 22. Illinois Administrative Procedure Act. The
28 Illinois Administrative Procedure Act is expressly adopted
29 and incorporated in this Act as if all of the provisions of
30 that Act were included in this Act. For purposes of this Act,
31 the notice required under Section 10-25 of the Illinois
32 Administrative Procedure Act is deemed sufficient when mailed
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1 to the last known address of a party.
2 Section 25. Role of Medical Licensing Board. All
3 matters relating to certified surgical assistants shall be
4 referred to the Medical Licensing Board, who shall make
5 recommendations to the Director.
6 Section 30. License requirement. No person shall engage
7 in the practice as a certified surgical assistant or hold
8 himself or herself out as a certified surgical assistant in
9 this State without a license issued by the Department under
10 this Act.
11 Section 32. Scope of practice. A certified surgical
12 assistant shall be allowed to assist the operating physician
13 in the performance of any surgical procedure, working under
14 the operating physician's direction. However, nothing in
15 this Act shall be construed as to allow certified surgical
16 assistants to administer any type of medication.
17 Section 35. Application for license. An application for
18 an initial license shall be made to the Department in writing
19 on forms prescribed by the Department and shall be
20 accompanied by the required nonrefundable fee. An
21 application shall require information that, in the judgment
22 of the Department, will enable the Department to evaluate the
23 qualifications of an applicant for licensure.
24 If an applicant fails to obtain a license under this Act
25 within 3 years after filing his or her application, the
26 application shall be denied. The applicant may make a new
27 application, which shall be accompanied by the required
28 nonrefundable fee.
29 Section 40. Qualifications for licensure.
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1 (a) A person shall qualify for a license under this Act
2 if he or she:
3 (1) has applied to the Department for licensure in
4 accordance with Section 35;
5 (2) has not violated a provision of Section 70.
6 In addition, the Department may take into consideration
7 any felony conviction of the applicant, but a conviction
8 shall not operate as an absolute bar to licensure; and
9 (3) has successfully completed the examination
10 provided by the National Surgical Assistant Association
11 on the Certification of Surgical Assistants or its
12 successor agency and has met the requirements for
13 certification set forth by the National Surgical
14 Assistant Association on the Certification of Surgical
15 Assistants or its successor agency.
16 (b) The Department shall issue a license to a person who
17 has met the qualification requirements of this Section.
18 Section 42. Licensure by endorsement. The Department
19 may, in its discretion, license as a certified surgical
20 assistant an applicant who is licensed as a certified
21 surgical assistant under the laws of another state,
22 territory, or jurisdiction if (1) the requirements for
23 licensure in that jurisdiction in which the applicant was
24 licensed were, at the date of licensure, substantially
25 equivalent to the requirements then in force in this State or
26 (2) the applicant possesses individual qualifications and
27 skills that demonstrate equivalence to current Illinois
28 requirements.
29 Applicants have 3 years from the date of application to
30 complete the application process. If the process has not
31 been completed within 3 years, the application shall be
32 denied, the fee shall be forfeited, and the applicant must
33 reapply and meet the requirements in effect at the time of
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1 reapplication.
2 Section 45. Expiration; restoration; renewal. The
3 expiration date and renewal period for each license issued
4 under this Act shall be set by the Department by rule.
5 Renewal shall be conditioned on paying the required fee and
6 meeting other requirements as may be established by rule.
7 A certified surgical assistant who has permitted his
8 or her license to expire or who has had his or her
9 license on inactive status may have the license restored
10 by making application to the Department, by filing proof
11 acceptable to the Department of his or her fitness to have
12 the license restored, and by paying the required fees.
13 Proof of fitness may include sworn evidence certifying
14 to active lawful practice in another jurisdiction.
15 If the certified surgical assistant has not maintained
16 an active practice in another jurisdiction satisfactory to
17 the Department, the Department shall determine, by an
18 evaluation program established by rule, his or her
19 fitness for restoration of the license and shall establish
20 procedures and requirements for restoration. However, a
21 certified surgical assistant whose license expired while
22 he or she was (1) in federal service on active duty with
23 the Armed Forces of the United States or the State
24 Militia called into service or training or (2) in training
25 or education under the supervision of the United States
26 before induction into the military service, may have the
27 license restored without paying any lapsed renewal fees if
28 within 2 years after honorable termination of the
29 service, training, or education he or she furnishes the
30 Department with satisfactory evidence to the effect that he
31 or she has been so engaged and that his or her service,
32 training, or education has been so terminated.
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1 Section 47. Inactive status. A certified surgical
2 assistant who notified the Department in writing on forms
3 prescribed by the Department may elect to place his or
4 her license on an inactive status and shall, subject to
5 rules of the Department, be excused from payment of renewal
6 fees until he or she notifies the Department in writing of
7 his or her intention to restore the license. A certified
8 surgical assistant requesting restoration from inactive
9 status shall pay the current renewal fee and shall restore
10 his or her license in accordance with Section 45. A certified
11 surgical assistant whose license is on inactive status shall
12 not practice as a certified surgical assistant in this State.
13 A licensee who engages in practice as a certified surgical
14 assistant while his or her license is lapsed or on inactive
15 status shall be considered to be practicing without a
16 license, which shall be grounds for discipline under Section
17 70 of this Act.
18 Section 50. Fees; returned checks.
19 (a) The Department shall set by rule fees for the
20 administration of this Act, including but not limited to fees
21 for initial and renewal licensure and restoration of a
22 license.
23 (b) A person who delivers a check or other payment
24 to the Department that is returned to the Department
25 unpaid by the financial institution upon which it
26 is drawn shall pay to the Department, in addition to the
27 amount already owed to the Department, a fine of $50. If
28 the check or other payment was for a renewal or issuance
29 fee and that person practices without paying the renewal
30 fee or issuance fee and the fine due, an additional fine of
31 $100 shall be imposed. The fines imposed by this
32 Section are in addition to any other discipline provided
33 under this Act for unlicensed practice or practice on a
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1 nonrenewed license. The Department shall notify the person
2 that fees and fines shall be paid to the Department by
3 certified check or money order within 30 calendar days
4 of the notification. If, after the expiration of 30 days
5 from the date of the notification, the person has failed to
6 submit the necessary remittance, the Department shall
7 automatically terminate the license or deny the
8 application without a hearing. If the person seeks a license
9 after termination or denial, he or she shall apply to the
10 Department for restoration or issuance of the license and
11 pay all fees and fines due to the Department. The Department
12 may establish a fee for the processing of an application
13 for restoration of a license to defray the expenses of
14 processing the application. The Director may waive the fines
15 due under this Section in individual cases if the Director
16 finds that the fines would be unreasonable or unnecessarily
17 burdensome.
18 Section 55. Supervision requirement. A person licensed
19 under this Act shall practice as a certified surgical
20 assistant only under the direct supervision of the operating
21 physician.
22 Section 60. Billing patients. A certified surgical
23 assistant may directly bill or otherwise charge patients for
24 services rendered.
25 Section 65. Identification. No person shall use the
26 title or perform the duties of "certified surgical assistant"
27 unless he or she is a qualified holder of a license issued by
28 the Department as provided in this Act. A certified surgical
29 assistant shall wear on his or her person a visible
30 identification indicating that he or she is certified as a
31 surgical assistant while acting in the course of his or her
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1 duties.
2 Section 70. Grounds for disciplinary action.
3 (a) The Department may refuse to issue, renew, or
4 restore a license, may revoke or suspend a license, or may
5 place on probation, censure, reprimand, or take other
6 disciplinary action with regard to a person licensed under
7 this Act, including but not limited to the imposition of
8 fines not to exceed $5,000 for each violation, for any one or
9 combination of the following causes:
10 (1) Making a material misstatement in furnishing
11 information to the Department.
12 (2) Violating a provision of this Act or its rules.
13 (3) Conviction under the laws of a United States
14 jurisdiction of a crime that is a felony or a
15 misdemeanor, an essential element of which is dishonesty,
16 or of a crime that is directly related to the practice as
17 a certified surgical assistant.
18 (4) Making a misrepresentation for the purpose of
19 obtaining, renewing, or restoring a license.
20 (5) Wilfully aiding or assisting another person in
21 violating a provision of this Act or its rules.
22 (6) Failing to provide information within 60 days
23 in response to a written request made by the Department.
24 (7) Engaging in dishonorable, unethical, or
25 unprofessional conduct of a character likely to deceive,
26 defraud, or harm the public, as defined by rule of the
27 Department.
28 (8) Discipline by another United States
29 jurisdiction or foreign nation, if at least one of the
30 grounds for discipline is the same or substantially
31 equivalent to those set forth in this Section.
32 (9) Directly or indirectly giving to or receiving
33 from a person, firm, corporation, partnership, or
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1 association a fee, commission, rebate, or other form of
2 compensation for professional services not actually or
3 personally rendered.
4 (10) A finding by the Disciplinary Board that the
5 licensee, after having his or her license placed on
6 probationary status, has violated the terms of probation.
7 (11) Wilfully making or filing false records or
8 reports in his or her practice, including but not limited
9 to false records or reports filed with State agencies.
10 (12) Wilfully making or signing a false statement,
11 certificate, or affidavit to induce payment.
12 (13) Wilfully failing to report an instance of
13 suspected child abuse or neglect as required under the
14 Abused and Neglected Child Reporting Act.
15 (14) Being named as a perpetrator in an indicated
16 report by the Department of Children and Family Services
17 under the Abused and Neglected Child Reporting Act and
18 upon proof by clear and convincing evidence that the
19 licensee has caused a child to be an abused child or
20 neglected child as defined in the Abused and Neglected
21 Child Reporting Act.
22 (15) Employment of fraud, deception, or any
23 unlawful means in applying for or securing a license as a
24 certified surgical assistant.
25 (16) Allowing another person to use his or her
26 license to practice.
27 (17) Failure to report to the Department (A) any
28 adverse final action taken against the licensee by
29 another licensing jurisdiction, government agency, law
30 enforcement agency, or any court or (B) liability for
31 conduct that would constitute grounds for action as set
32 forth in this Section.
33 (18) Habitual intoxication or addiction to the use
34 of drugs.
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1 (19) Physical illness, including but not limited to
2 deterioration through the aging process or loss of motor
3 skills, which results in the inability to practice the
4 profession for which he or she is licensed with
5 reasonable judgment, skill, or safety.
6 (20) Gross malpractice resulting in permanent
7 injury or death of a patient.
8 (21) Immoral conduct in the commission of an act
9 related to the licensee's practice, including but not
10 limited to sexual abuse, sexual misconduct, or sexual
11 exploitation.
12 (22) Violation the Health Care Worker Self-Referral
13 Act.
14 (b) The Department may refuse to issue or may suspend
15 the license of a person who fails to file a return, to pay
16 the tax, penalty, or interest shown in a filed return, or to
17 pay a final assessment of the tax, penalty, or interest as
18 required by a tax Act administered by the Department of
19 Revenue, until the requirements of the tax Act are satisfied.
20 (c) The determination by a circuit court that a licensee
21 is subject to involuntary admission or judicial admission as
22 provided in the Mental Health and Developmental Disabilities
23 Code operates as an automatic suspension. The suspension will
24 end only upon (1) a finding by a court that the patient is no
25 longer subject to involuntary admission or judicial
26 admission, (2) issuance of an order so finding and
27 discharging the patient, and (3) the recommendation of the
28 Disciplinary Board to the Director that the licensee be
29 allowed to resume his or her practice.
30 Section 75. Cease and desist order.
31 (a) If a person violates a provision of this Act, the
32 Director, in the name of the People of the State of Illinois
33 through the Attorney General of the State of Illinois, or the
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1 State's Attorney of a county in which the violation occurs,
2 may petition for an order enjoining the violation or for an
3 order enforcing compliance with this Act. Upon the filing of
4 a verified petition in court, the court may issue a temporary
5 restraining order without notice or bond and may
6 preliminarily and permanently enjoin the violation. If it is
7 established that the licensee has violated or is violating
8 the injunction, the court may punish the offender for
9 contempt of court. Proceedings under this Section shall be
10 in addition to, and not in lieu of, all other remedies and
11 penalties provided by this Act.
12 (b) If a person practices as a certified surgical
13 assistant or holds himself or herself out as a certified
14 surgical assistant without being licensed under this Act,
15 then any licensed certified surgical assistant, interested
16 party, or person injured thereby, in addition to the Director
17 or State's Attorney, may petition for relief as provided in
18 subsection (a) of this Section.
19 (c) If the Department determines that a person violated
20 a provision of this Act, the Department may issue a rule to
21 show cause why an order to cease and desist should not be
22 entered against him or her. The rule shall clearly set forth
23 the grounds relied upon by the Department and shall provide a
24 period of 7 days from the date of the rule to file an answer
25 to the satisfaction of the Department. Failure to answer to
26 the satisfaction of the Department shall cause an order to
27 cease and desist to be issued immediately.
28 Section 80. Investigation; notice; hearing. Licenses
29 may be refused, revoked, suspended, or otherwise disciplined
30 in the manner provided by this Act and not otherwise. The
31 Department may upon its own motion and shall upon the
32 verified complaint in writing of any person setting forth
33 facts that if proven would constitute grounds for refusal to
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1 issue or for suspension or revocation under this Act,
2 investigate the actions of a person applying for, holding, or
3 claiming to hold a license. The Department shall, before
4 refusing to issue or renew, suspending, or revoking a license
5 or taking other discipline pursuant to Section 70 of this
6 Act, and at least 30 days prior to the date set for the
7 hearing, notify in writing the applicant or licensee of any
8 charges made, shall afford the applicant or licensee an
9 opportunity to be heard in person or by counsel in reference
10 to the charges, and direct the applicant or licensee to file
11 a written answer to the Department under oath within 20 days
12 after the service of the notice and inform the applicant or
13 licensee that failure to file an answer will result in
14 default being taken against the applicant or licensee and
15 that the license may be suspended, revoked, placed on
16 probationary status, or other disciplinary action may be
17 taken, including limiting the scope, nature, or extent of
18 practice, as the Director may deem proper. Written notice
19 may be served by personal delivery to the applicant or
20 licensee or by mailing the notice by certified mail to his or
21 her last known place of residence or to the place of business
22 last specified by the applicant or licensee in his or her
23 last notification to the Department. If the person fails to
24 file an answer after receiving notice, his or her license
25 may, in the discretion of the Department, be suspended,
26 revoked, or placed on probationary status or the Department
27 may take whatever disciplinary action deemed proper,
28 including limiting the scope, nature, or extent of the
29 person's practice or the imposition of a fine, without a
30 hearing, if the act or acts charged constitute sufficient
31 grounds for such action under this Act. At the time and
32 place fixed in the notice, the Department shall proceed to
33 hearing of the charges and both the applicant or licensee and
34 the complainant shall be afforded ample opportunity to
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1 present, in person or by counsel, any statements, testimony,
2 evidence, and arguments that may be pertinent to the charges
3 or to their defense. The Department may continue a hearing
4 from time to time. If the Board is not sitting at the time
5 and place fixed in the notice or at the time and place to
6 which the hearing shall have been continued, the Department
7 may continue the hearing for a period not to exceed 30 days.
8 Section 85. Record of proceedings. The Department, at its
9 expense, shall preserve a record of all proceedings at a
10 formal hearing conducted pursuant to Section 80. The notice
11 of hearing, complaint, and all other documents in the nature
12 of pleadings and written motions filed in the proceedings,
13 the transcript of testimony, the report of the Disciplinary
14 Board or hearing officer, and orders of the Department shall
15 be the record of the proceeding. The Department shall supply
16 a transcript of the record to a person interested in the
17 hearing on payment of the fee required under Section 60f of
18 the Civil Administrative Code of Illinois.
19 Section 90. Order for production of documents. A circuit
20 court may, upon application of the Department or its
21 designee, or of the applicant or licensee against whom
22 proceedings pursuant to Section 80 of this Act are pending,
23 enter an order requiring the attendance of witnesses and
24 their testimony and the production of documents, papers,
25 files, books, and records in connection with a hearing or
26 investigation authorized by this Act. The court may compel
27 obedience to its order through contempt proceedings.
28 Section 95. Subpoena power. The Department has the power
29 to subpoena and bring before it any person in this State and
30 to take testimony orally or by deposition, with the same fees
31 and mileage and in the same manner as prescribed by law in
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1 judicial proceedings in civil cases in circuit courts of this
2 State. The Director and any Disciplinary Board member
3 designated by the Director shall each have the authority to
4 administer, at any hearing that the Department is authorized
5 to conduct under this Act, oaths to witnesses and any other
6 oaths authorized to be administered by the Department under
7 this Act.
8 Section 100. Board report. At the conclusion of the
9 hearing, the Disciplinary Board shall present to the Director
10 a written report of its findings of fact, conclusions of law,
11 and recommendations. In the report, the Disciplinary Board
12 shall make a finding of whether or not the charged licensee
13 or applicant violated a provision of this Act or its rules
14 and shall specify the nature of the violation. In making its
15 recommendations for discipline, the Disciplinary Board may
16 take into consideration all facts and circumstances bearing
17 upon the reasonableness of the conduct of the respondent and
18 the potential for future harm to the public, including but
19 not limited to previous discipline of that respondent by the
20 Department, intent, degree of harm to the public and
21 likelihood of harm in the future, any restitution made, and
22 whether the incident or incidents complained of appear to be
23 isolated or a pattern of conduct. In making its
24 recommendations for discipline, the Disciplinary Board shall
25 seek to ensure that the severity of the discipline
26 recommended bears some reasonable relationship to the
27 severity of the violation.
28 Section 105. Motion for rehearing. In a case involving
29 the refusal to issue or renew a license or the discipline
30 of a licensee, a copy of the Disciplinary Board's report
31 shall be served upon the respondent by the Department,
32 either personally or as provided under Section 80 of this Act
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1 for the service of the notice of hearing. Within 20 days
2 after the service, the respondent may present to the
3 Department a motion in writing for a rehearing, which shall
4 specify the particular grounds for a rehearing. If no motion
5 for rehearing is filed, then upon the expiration of the
6 time specified for filing the motion, or if a motion for
7 rehearing is denied, then upon the denial the Director may
8 enter an order in accordance with recommendations of
9 the Disciplinary Board except as provided in Section 110 or
10 115 of this Act. If the respondent orders a transcript
11 of the record from the reporting service and pays for the
12 transcript within the time for filing a motion for rehearing,
13 the 20-day period within which such a motion may be filed
14 shall commence upon the delivery of the transcript to the
15 respondent.
16 Section 110. Order of Director.
17 (a) The Director shall issue an order concerning the
18 disposition of the charges (i) following the expiration of
19 the filing period granted under Section 105 if no motion for
20 rehearing is filed or (ii) following a denial of a timely
21 motion for rehearing.
22 (b) The Director's order shall be based on the
23 recommendations contained in the Disciplinary Board's report
24 unless, after giving due consideration to the Disciplinary
25 Board's report, the Director disagrees in any regard with the
26 report of the Disciplinary Board, in which case he or she may
27 issue an order in contravention of the report. The Director
28 shall provide a written report to the Disciplinary Board on
29 any deviation from the Board's report and shall specify with
30 particularity the reasons for his or her deviation in the
31 final order. The Disciplinary Board's report and Director's
32 order are not admissible in evidence against the person in a
33 criminal prosecution brought for a violation of this Act, but
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1 the hearing, report, and order are not a bar to a criminal
2 prosecution brought for the violation of this Act.
3 Section 115. Hearing officer. Notwithstanding the
4 provisions of Section 80 of this Act, the Director shall have
5 the authority to appoint an attorney licensed to practice law
6 in this State to serve as the hearing officer in a hearing
7 authorized under Section 80. The Director shall notify the
8 Disciplinary Board of an appointment. The hearing officer
9 shall have full authority to conduct the hearing. The
10 Disciplinary Board has the right to have at least one member
11 present at a hearing conducted by a hearing officer appointed
12 under this Section. The hearing officer shall report his or
13 her findings of fact, conclusions of law, and recommendations
14 to the Disciplinary Board and the Director. The Disciplinary
15 Board shall have 60 days from receipt of the report to review
16 the report of the hearing officer and to present its findings
17 of fact, conclusions of law, and recommendations to the
18 Director. If the Disciplinary Board fails to present its
19 report within the 60-day period, the Director shall issue an
20 order based on the report of the hearing officer. If the
21 Director disagrees in any regard with the report of the
22 Disciplinary Board or hearing officer, he or she may issue an
23 order in contravention of the report. The Director shall
24 provide a written explanation to the Disciplinary Board on a
25 deviation from the Disciplinary Board's report and shall
26 specify with particularity the reasons for his or her
27 deviation in the final order.
28 Section 120. Rehearing on order of Director. Whenever the
29 Director is not satisfied that substantial justice has been
30 achieved in the discipline of a licensee, the Director may
31 order a rehearing by the same or another hearing officer or
32 by the Disciplinary Board.
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1 Section 125. Order; prima facie proof. An order or a
2 certified copy of an order, over the seal of the Department
3 and purporting to be signed by the Director, shall be prima
4 facie proof that:
5 (1) the signature is the genuine signature of the
6 Director;
7 (2) the Director is duly appointed and qualified;
8 and
9 (3) the Disciplinary Board and its members are
10 qualified to act.
11 Section 130. Restoration of license. At any time after
12 the suspension or revocation of a license, the Department may
13 restore it to the licensee unless, after an investigation and
14 a hearing, the Department determines that restoration is not
15 in the public interest. Where circumstances of suspension or
16 revocation so indicate, or on the recommendation of the
17 Disciplinary Board, the Department may require an examination
18 of the licensee before restoring his or her license.
19 Section 135. Surrender of license. Upon the revocation or
20 suspension of a license, the licensee shall immediately
21 surrender the license to the Department. If the licensee
22 fails to do so, the Department shall have the right to seize
23 the license.
24 Section 140. Temporary suspension. The Director may
25 temporarily suspend the license of a certified surgical
26 assistant without a hearing, simultaneously with the
27 institution of proceedings for a hearing provided for in
28 Section 80 of this Act, if the Director finds that evidence
29 in his or her possession indicates that continuation in
30 practice would constitute an imminent danger to the public.
31 If the Director temporarily suspends a license without a
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1 hearing, a hearing by the Department shall be held within 30
2 days after the suspension has occurred and shall be concluded
3 without appreciable delay.
4 Section 150. Certificate of record. The Department shall
5 not be required to certify any record to a Court or file an
6 answer in court or otherwise appear in a court in a judicial
7 review proceeding unless there is filed in the court, with
8 the complaint, a receipt from the Department acknowledging
9 payment of the costs of furnishing and certifying the record.
10 Failure on the part of the plaintiff to file a receipt in
11 court shall be grounds for dismissal of the action.
12 Section 155. Administrative Review Law. All final
13 administrative decisions of the Department are subject to
14 judicial review under the Administrative Review Law and its
15 rules. The term "administrative decision" is defined as in
16 Section 3-101 of the Code of Civil Procedure. Proceedings for
17 judicial review shall be commenced in the circuit court of
18 the county in which the party seeking review resides. If the
19 party seeking review is not a resident of this State, venue
20 shall be in Sangamon County.
21 Section 160. Criminal penalties. A person who is found
22 to have knowingly violated Section 30, 55, or subsection
23 (a) of Section 165 of this Act is guilty of a Class A
24 misdemeanor for a first offense and is guilty of a Class 4
25 felony for a second or subsequent offense.
26 Section 165. Unlicensed practice; civil penalties.
27 (a) No person shall practice, offer to practice, attempt
28 to practice, or hold himself or herself out to practice as a
29 certified surgical assistant without a license issued by
30 the Department to that person under this Act.
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1 (b) In addition to any other penalty provided by law, a
2 person who violates subsection (a) of this Section shall pay
3 a civil penalty to the Department in an amount not to exceed
4 $5,000 for each offense as determined by the Department.
5 The civil penalty shall be assessed by the Department
6 after a hearing is held in accordance with the provisions
7 set forth in this Act regarding a hearing for the
8 discipline of a licensee.
9 (c) The Department has the authority and power to
10 investigate any and all unlicensed activity.
11 (d) The civil penalty assessed under this Act shall be
12 paid within 60 days after the effective date of the order
13 imposing the civil penalty. The order shall constitute a
14 judgment and may be filed and execution had on the judgment
15 in the same manner as a judgment from a court of record.
16 Section 170. Deposit of moneys. All moneys collected by
17 the Department under this Act shall be deposited into the
18 Illinois State Medical Disciplinary Fund in the State
19 Treasury and shall be used for the following purposes:
20 (1) by the Illinois State Medical Disciplinary
21 Board in the exercise of its powers and performance of
22 its duties under this Act;
23 (2) for costs directly related to licensing of
24 persons under this Act; and
25 (3) for costs incurred by the Medical Licensing
26 Board in the exercise of its powers and performance of
27 its duties under this Act.
28 Section 175. Home rule powers. The regulation and
29 licensing of surgical assistants are exclusive powers and
30 functions of the State. A home rule unit shall not regulate
31 or license certified surgical assistants. This Section is a
32 limitation under subsection (h) of Section 6 of Article VII
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1 of the Illinois Constitution.
2 Section 180. The Regulatory Agency Sunset Act is amended
3 by adding Section 4.19 as follows:
4 (5 ILCS 80/4.19 new)
5 Sec. 4.19. Act repealed on January 1, 2009. The
6 following Act is repealed on January 1, 2009:
7 The Certified Surgical Assistant Practice Act.
8 Section 999. Effective date. This Act takes effect
9 January 1, 1999.