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90_SB0857enr
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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 Sec. 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 Acupuncture Practice Act is amended by
13 repealing Sections 45 and 205.
14 Section 17. The Illinois Dental Practice Act is amended
15 by changing Section 21 as follows:
16 (225 ILCS 25/21) (from Ch. 111, par. 2321)
17 Sec. 21. Fees. The fees for the administration and
18 enforcement of this Act, including but not limited to
19 original licensure, renewal, and restoration fees, shall be
20 set by the Department by rule. However, the fee for
21 application for renewal of a license as a dentist or
22 specialist is $75 per year and the fee for application for
23 renewal of a license as a dental hygienist is $37.50 per
24 year. The fees shall be nonrefundable. The Department is
25 authorized to impose the following nonrefundable fees:
26 (a) License as dentist or specialist.
27 (1) Application for temporary training or
28 restricted faculty license: $25.
29 (2) Application for initial license pursuant to
30 examination: $25.
31 (3) Applicants for any examination shall be
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1 required to pay, either to the Department or to the
2 designated testing service, a fee covering the cost of
3 initial screening to determine eligibility and providing
4 the examination.
5 (4) Application for licensure from a person
6 licensed as a dentist under the laws of another state or
7 territory of the United States: $50.
8 (5) Application for renewal of a license: $50 per
9 year.
10 (6) Application for restoration of a license: $10
11 plus payment of all lapsed renewal fees.
12 (7) Application for inactive status: $10.
13 (8) Application for restoration from inactive
14 status: the current renewal fee.
15 (9) Application for restoration after failure to
16 notify Department of change of address: $15, plus payment
17 of all lapsed renewal fees.
18 (10) Application for an initial permit to
19 administer general anesthesia or parenteral conscious
20 sedation: $25.
21 (11) Application for renewal of a permit to
22 administer general anesthesia or parenteral conscious
23 sedation: $25 per year.
24 (b) License as dental hygienist.
25 (1) Application for initial license pursuant to
26 examination: $25.
27 (2) Applicants for any examination shall be
28 required to pay, either to the Department or to the
29 designated testing service, a fee covering the cost of
30 initial screening to determine eligibility and providing
31 the examination.
32 (3) Application for license from a person licensed
33 as a dental hygienist under the laws of another state or
34 territory of the United States: $50.
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1 (4) Application for renewal of a license: $15 per
2 year.
3 (5) Application for restoration of a license: $10
4 plus payment of all lapsed renewal fees, but not to
5 exceed $85.
6 (6) Application for inactive status: $10.
7 (7) Application for restoration from inactive
8 status: the current renewal fee.
9 (c) General fees.
10 (1) Application for a duplicate license: $20.
11 (2) Application for a certification of a
12 registrant's record for any purpose: $20.
13 (3) Application to have the scoring of an
14 examination administered by the Department reviewed and
15 verified: $20, plus any fees charged by the applicable
16 testing service.
17 (4) The fee for a wall certificate showing a
18 license shall be the actual cost of producing such
19 certificate.
20 (5) The fee for a roster of persons licensed as
21 dentists or dental specialists or dental hygienists in
22 this State shall be the actual cost of producing such a
23 roster.
24 (6) The fee for dental licensing, disciplinary or
25 investigative records pursuant to a subpoena is $1 per
26 page.
27 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
28 Section 20. The Marriage and Family Therapy Licensing Act
29 is amended by changing Sections 20, 25, 30, 40, 45, 55, 60,
30 65, 85, 90, 95, and 165 as follows:
31 (225 ILCS 55/20) (from Ch. 111, par. 8351-20)
32 Sec. 20. Powers and duties of the Department. Subject
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1 to the provisions of this Act, the Department shall exercise
2 the following functions, powers, and duties:
3 (a) Conduct or authorize examinations to ascertain
4 the fitness and qualifications of applicants for
5 licensure and issue licenses to those who are found to be
6 fit and qualified.
7 (b) Prescribe rules and regulations for a method of
8 examination of candidates.
9 (b-5) Prescribe rules for determining approved
10 graduate programs and prepare and maintain a list of
11 colleges and universities offering approved programs.
12 (c) Conduct hearings on proceedings to revoke,
13 suspend, or refuse to issue licenses.
14 (d) Promulgate rules and regulations required for
15 the administration of this Act.
16 The Board may make recommendations on matters relating to
17 continuing education, including the number of hours necessary
18 for license renewal, waivers for those unable to meet the
19 requirements, and acceptable course content.
20 (Source: P.A. 87-783; 87-1237.)
21 (225 ILCS 55/25) (from Ch. 111, par. 8351-25)
22 Sec. 25. Marriage and Family Therapy Licensing and
23 Disciplinary Board.
24 (a) There is established within the Department the
25 Marriage and Family Therapy Licensing and Disciplinary Board
26 to be appointed by the Director. The Board shall be composed
27 of 7 persons who shall serve in an advisory capacity to the
28 Director. The Board shall elect a chairperson and a vice
29 chairperson chairman.
30 (b) In appointing members of the Board, the Director
31 shall give due consideration to recommendations by members of
32 the profession of marriage and family therapy and by the
33 statewide organizations solely representing the interests of
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1 marriage and family therapists.
2 (c) Five members of the Board shall be marriage and
3 family therapists who have been in active practice for at
4 least 5 years immediately preceding their appointment, or
5 engaged in the education and training of masters, doctoral,
6 or post-doctoral students of marriage and family therapy, or
7 engaged in marriage and family therapy research. Each
8 marriage or family therapy teacher or researcher shall have
9 spent the majority of the time devoted to the study or
10 research of marriage and family therapy during the 2 years
11 immediately preceding his or her appointment to the Board.
12 The initial appointees shall be licensed under this Act
13 within one year after appointment to the Board.
14 (d) Two members shall be representatives of the general
15 public who have no direct affiliation or work experience with
16 the practice of marriage and family therapy and who clearly
17 represent consumer interests.
18 (e) Board members Of the first Board members appointed,
19 3 members shall be appointed to serve for 2 years, 2 shall be
20 appointed to serve for 3 years, and the remaining 2 shall be
21 appointed to serve for 4 years. Their successors shall be
22 appointed for terms of 4 years each, except that any person
23 chosen to fill a vacancy shall be appointed only for the
24 unexpired term of the Board member whom he or she shall
25 succeed. Upon the expiration of this term of office, a Board
26 member shall continue to serve until a successor is appointed
27 and qualified. No member shall be reappointed to the Board
28 for a term that would cause continuous service on the Board
29 to be longer than 8 years.
30 (f) The membership of the Board shall reasonably reflect
31 representation from the various geographic areas of the
32 State.
33 (g) Members of the Board shall be immune from suit in
34 any action based upon any disciplinary proceedings or other
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1 activities performed in good faith as members of the Board.
2 (h) The Director may remove any member of the Board for
3 any cause that, in the opinion of the Director, reasonably
4 justifies termination.
5 (i) The Director may consider the recommendations of the
6 Board on questions of standards of professional conduct,
7 discipline, and qualification of candidates or licensees
8 under this Act.
9 (j) The members of the Board shall be reimbursed for all
10 legitimate, necessary, and authorized expenses.
11 (k) A majority of the Board members currently appointed
12 shall constitute a quorum. A vacancy in the membership of the
13 Board shall not impair the right of a quorum to exercise all
14 the rights and perform all the duties of the Board.
15 (Source: P.A. 87-783; 87-1237.)
16 (225 ILCS 55/30) (from Ch. 111, par. 8351-30)
17 Sec. 30. Application.
18 (a) Applications for original licensure shall be made to
19 the Department in writing on forms prescribed by the
20 Department and shall be accompanied by the appropriate
21 documentation and the required fee, which fee is
22 nonrefundable. Any application shall require such
23 information as, in the judgment of the Department, will
24 enable the Department to pass on the qualifications of the
25 applicant for licensing.
26 (b) Applicants have 3 years from the date of application
27 to complete the application process. If the application has
28 not been completed within 3 years, the application shall be
29 denied, the fee shall be forfeited, and the applicant must
30 reapply and meet the requirements in effect at the time of
31 reapplication.
32 (c) A license shall not be denied to an applicant
33 because of the applicant's race, religion, creed, national
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1 origin, political beliefs or activities, age, sex, sexual
2 orientation, or physical impairment If an applicant neglects,
3 fails or refuses to take an examination, or fails to pass an
4 examination for a license under this Act within 3 years after
5 filing an application, the application is denied. However,
6 the applicant may thereafter make a new application
7 accompanied by the required fee and shall meet the
8 requirements in force at the time of making the new
9 application.
10 (Source: P.A. 87-783; 87-1237.)
11 (225 ILCS 55/40) (from Ch. 111, par. 8351-40)
12 Sec. 40. Qualifications for licensure.
13 (a) A person is qualified for licensure as a marriage
14 and family therapist if that person:
15 (1) is at least 21 years of age;
16 (2) has applied in writing on forms prepared and
17 furnished by the Department;
18 (3) (blank);
19 (4) has not engaged or is not engaged in any
20 practice or conduct that would be grounds for
21 disciplining a licensee under Section 85 of this Act;
22 (5) satisfies the education and experience
23 requirements of subsection (b) of this Section; and
24 (6) passes a written examination authorized by the
25 Department.
26 (b) Any person who applies to the Department shall be
27 issued a license by the Department if the person meets the
28 qualifications set forth in subsection (a) of this Section
29 and provides evidence to the Department that the person:
30 (1) holds a master's or doctoral degree in marriage
31 and family therapy approved by the Department from a
32 regionally accredited educational institution; holds a
33 master's or doctoral degree from a regionally accredited
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1 educational institution in marriage and family therapy or
2 in a related field with an equivalent course of study in
3 marriage and family therapy that is recommended by the
4 Board and approved by the Department; or holds a master's
5 or doctoral degree from a program accredited by the
6 commission on accreditations for marriage and family
7 therapy education of the American Association for
8 Marriage and Family Therapists;
9 (2) following the receipt of the first qualifying
10 degree, has at least 2 years of experience, as defined by
11 rule, in the practice of marriage and family therapy,
12 including at least 1,000 hours of face-to-face contact
13 with couples and families for the purpose of evaluation
14 and treatment;
15 (3) has completed at least 200 hours of supervision
16 of marriage and family therapy, as defined by rule.
17 (Source: P.A. 89-387, eff. 8-20-95.)
18 (225 ILCS 55/45) (from Ch. 111, par. 8351-45)
19 Sec. 45. Licenses; renewals; restoration; person in
20 military service.
21 (a) The expiration date and renewal period for each
22 license issued under this Act shall be set by rule. As a
23 condition for renewal of a license, the licensee shall be
24 required to complete continuing education under requirements
25 set forth in rules of the Department.
26 (b) Any person who has permitted his or her license to
27 expire may have his or her license restored by making
28 application to the Department and filing proof acceptable to
29 the Department of fitness to have his or her license
30 restored, which may include sworn evidence certifying to
31 active practice in another jurisdiction satisfactory to the
32 Department, complying with any continuing education
33 requirements, and paying the required restoration fee.
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1 (c) If the person has not maintained an active practice
2 in another jurisdiction satisfactory to the Department, the
3 Board shall determine, by an evaluation program established
4 by rule, the person's fitness to resume active status and may
5 require the person to complete a period of evaluated clinical
6 experience and successful completion of a practical
7 examination.
8 However, any person whose license expired while (i) in
9 federal service on active duty with the Armed Forces of the
10 United States or called into service or training with the
11 State Militia, or (ii) in training or education under the
12 supervision of the United States preliminary to induction
13 into the military service may have his or her license renewed
14 or restored without paying any lapsed renewal fees if, within
15 2 years after honorable termination of the service, training
16 or education, except under condition other than honorable, he
17 or she furnishes the Department with satisfactory evidence to
18 the effect that he or she has been so engaged and that the
19 service, training, or education has been so terminated.
20 (d) Any person who notifies the Department, in writing
21 on forms prescribed by the Department, may place his or her
22 license on inactive status and shall be excused from the
23 payment of renewal fees until the person notifies the
24 Department in writing of the intention to resume active
25 practice.
26 (e) Any person requesting his or her license be changed
27 from inactive to active status shall be required to pay the
28 current renewal fee and shall also demonstrate compliance
29 with the continuing education requirements.
30 (f) Any marriage and family therapist whose license is
31 nonrenewed or on inactive status shall not engage in the
32 practice of marriage and family therapy in the State of
33 Illinois and use the title or advertise that he or she
34 performs the services of a "licensed marriage and family
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1 therapist".
2 (g) Any person violating subsection (f) of this Section
3 shall be considered to be practicing without a license and
4 will be subject to the disciplinary provisions of this Act.
5 (h) (Blank) A license to practice shall not be denied
6 any applicant because of the applicant's race, religion,
7 creed, national origin, political beliefs or activities, age,
8 sex, sexual orientation, or physical impairment.
9 (Source: P.A. 87-783; 87-1237.)
10 (225 ILCS 55/55) (from Ch. 111, par. 8351-55)
11 Sec. 55. Fees. The fees imposed under this Act are as
12 follows and are not refundable:
13 (a) Except as provided in subsection (c), the fees for
14 the administration and enforcement of this Act, including but
15 not limited to original licensure, renewal, and restoration,
16 shall be set by rule of the Department. The fees shall be
17 nonrefundable The fee for original application for a license
18 as a licensed marriage and family therapist is $100.
19 (b) (Blank) The fee for a temporary license is $100.
20 (c) In addition to the application fee, applicants for
21 the examination are required to pay, either to the Department
22 or the designated testing service, a fee covering the cost of
23 determining an applicant's eligibility and providing the
24 examination. Failure to appear for the examination on the
25 scheduled date, at the time and place specified, after the
26 applicant's application and fee for examination have been
27 received and acknowledged by the Department or the designated
28 testing service, shall result in the forfeiture of the fee.
29 (d) The fee for the renewal of a license is $60 per
30 year.
31 (e) The fee for the restoration of a license that has
32 been expired for 5 years or less is $20 plus payment of all
33 unpaid fees for every year the license has been lapsed.
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1 (f) The fee for the restoration of a license that has
2 been expired for more than 5 years is $200.
3 (g) The fee for the issuance of a duplicate license, a
4 replacement license for a license that has been lost or
5 destroyed, or a license with a change of name or address,
6 other than during the renewal period is $20. No fee is
7 required for name and address changes on Department records
8 when no duplicate license is issued.
9 (h) The fee for the certification of a license for any
10 purpose is $20.
11 (i) The fee to have the scoring of an examination
12 administered by the Department reviewed and verified is $20,
13 plus any fee charged by the testing service.
14 (j) The fee for a wall license is the actual cost of
15 producing the license.
16 (k) The fee for a roster of persons licensed as marriage
17 and family therapists is the actual cost of production of the
18 roster.
19 (l) The fee for application for a license by a marriage
20 and family therapist licensed under the laws of another
21 jurisdiction is $200.
22 (m) The fee for application as a continuing education
23 sponsor is $500. State agencies, State colleges and State
24 universities in Illinois are exempt from paying this fee.
25 (n) The fee for renewal as a continuing education
26 sponsor is $125 per year.
27 (Source: P.A. 87-783; 87-1237.)
28 (225 ILCS 55/60) (from Ch. 111, par. 8351-60)
29 Sec. 60. Payments; penalty for insufficient funds. Any
30 person who delivers a check or other payment to the
31 Department that is returned to the Department unpaid by the
32 financial institution upon which it is drawn shall pay to the
33 Department, in addition to the amount already owed to the
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1 Department, a fine of $50. If a person practices without
2 paying the renewal fee or issuance fee and the fine due, an
3 additional fine of $100 shall be imposed. The fines imposed
4 by this Section are in addition to any other discipline
5 provided under this Act prohibiting unlicensed practice or
6 practice on a nonrenewed license. The Department shall notify
7 the person that payment of fees and fines shall be paid to
8 the Department by certified check or money order within 30
9 calendar days after notification. If, after the expiration of
10 30 days from the date of the notification, the person has
11 failed to submit the necessary remittance, the Department
12 shall automatically terminate the license or certificate or
13 deny the application, without hearing. If, after termination
14 or denial, the person seeks a license or certificate, he or
15 she shall apply to the Department for restoration or issuance
16 of the license or certificate and pay all fees and fines due
17 to the Department. The Department may establish a fee for the
18 processing of an application for restoration of a license or
19 certificate to pay all expenses of processing this
20 application. The Director may waive the fines due under this
21 Section in individual cases where the Director finds that the
22 fines would be unreasonable or unnecessarily burdensome.
23 (Source: P.A. 87-783; 87-1031; 87-1237; 88-45.)
24 (225 ILCS 55/65) (from Ch. 111, par. 8351-65)
25 Sec. 65. Endorsement. The Department may issue a license
26 as a licensed marriage and family therapist, without the
27 required examination, to an applicant licensed under the laws
28 of another state if the requirements for licensure in that
29 state are, on the date of licensure, substantially equal to
30 the requirements of this Act or to a person who, at the time
31 of his or her application for licensure, possessed individual
32 qualifications that were substantially equivalent to the
33 requirements then in force in this State. An applicant under
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1 this Section shall pay all of the required fees.
2 Applicants have 3 years from the date of application to
3 complete the application process. If the process has not been
4 completed within the 3 years, the application shall be
5 denied, the fee shall be forfeited, and the applicant must
6 reapply and meet the requirements in effect at the time of
7 reapplication.
8 (Source: P.A. 87-783; 87-1237.)
9 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
10 Sec. 85. Refusal, revocation or suspension.
11 (a) The Department may refuse to issue or renew, or may
12 revoke a license, or may suspend, place on probation, fine,
13 or take any disciplinary action as the Department may deem
14 proper, including fines not to exceed $1000 for each
15 violation, with regard to any licensee or certificate for any
16 one or combination of the following causes:
17 (1) Material misstatement in furnishing information
18 to the Department.
19 (2) Violations of this Act or its rules.
20 (3) Conviction of any crime under the laws of the
21 United States or any state or territory thereof that is
22 (i) a felony, (ii) a misdemeanor, an essential element of
23 which is dishonesty, or (iii) a crime that which is
24 related to the practice of the profession.
25 (4) Making any misrepresentation for the purpose of
26 obtaining a license or violating any provision of this
27 Act or its rules.
28 (5) Professional incompetence or gross negligence.
29 (6) Malpractice.
30 (7) Aiding or assisting another person in violating
31 any provision of this Act or its rules.
32 (8) Failing, within 60 days, to provide information
33 in response to a written request made by the Department.
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1 (9) Engaging in dishonorable, unethical, or
2 unprofessional conduct of a character likely to deceive,
3 defraud or harm the public as defined by the rules of the
4 Department, or violating the rules of professional
5 conduct adopted by the Board and published by the
6 Department.
7 (10) Habitual or excessive use or addiction to
8 alcohol, narcotics, stimulants, or any other chemical
9 agent or drug that results in the inability to practice
10 with reasonable judgment, skill, or safety.
11 (11) Discipline by another state, territory, or
12 country if at least one of the grounds for the discipline
13 is the same or substantially equivalent to those set
14 forth in this Act.
15 (12) Directly or indirectly giving to or receiving
16 from any person, firm, corporation, partnership or
17 association any fee, commission, rebate, or other form of
18 compensation for any professional services not actually
19 or personally rendered.
20 (13) A finding by the Department that the licensee,
21 after having his or her license placed on probationary
22 status, has violated the terms of probation.
23 (14) Abandonment of a patient without cause.
24 (15) Willfully making or filing false records or
25 reports relating to a licensee's practice, including but
26 not limited to, false records filed with State agencies
27 or departments.
28 (16) Wilfully failing to report an instance of
29 suspected child abuse or neglect as required by the
30 Abused and Neglected Child Reporting Act.
31 (17) Being named as a perpetrator in an indicated
32 report by the Department of Children and Family Services
33 under the Abused and Neglected Child Reporting Act and
34 upon proof by clear and convincing evidence that the
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1 licensee has caused a child to be an abused child or
2 neglected child as defined in the Abused and Neglected
3 Child Reporting Act.
4 (18) Physical or mental disability, including
5 deterioration through the aging process, or loss of
6 abilities and skills that which results in the inability
7 to practice the profession with reasonable judgment,
8 skill, or safety.
9 (19) Solicitation of professional services by using
10 false or misleading advertising.
11 (20) A finding that licensure has been applied for
12 or obtained by fraudulent means.
13 (21) Practicing or attempting to practice under a
14 name other than the full name as shown on the license or
15 any other legally authorized name.
16 (22) Gross overcharging for professional services
17 including filing statements for collection of fees or
18 moneys monies for which services are not rendered.
19 (b) The Department shall deny any application for a
20 license, without hearing, or renewal under this Act to any
21 person who has defaulted on an educational loan guaranteed by
22 the Illinois Student Assistance Commission; however, the
23 Department may issue a license or renewal if the person in
24 default has established a satisfactory repayment record as
25 determined by the Illinois Student Assistance Commission.
26 (c) The determination by a circuit court that a licensee
27 is subject to involuntary admission or judicial admission, as
28 provided in the Mental Health and Developmental Disabilities
29 Code, operates as an automatic suspension. The suspension
30 will terminate only upon a finding by a court that the
31 patient is no longer subject to involuntary admission or
32 judicial admission and the issuance of an order so finding
33 and discharging the patient, and upon the recommendation of
34 the Board to the Director that the licensee be allowed to
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1 resume his or her practice as a licensed marriage and family
2 therapist.
3 (d) The Department may refuse to issue or may suspend
4 the license of any person who fails to file a return, pay the
5 tax, penalty, or interest shown in a filed return or pay any
6 final assessment of tax, penalty, or interest, as required by
7 any tax Act administered by the Illinois Department of
8 Revenue, until the time the requirements of the tax Act are
9 satisfied.
10 (e) In enforcing this Section, the Department or Board
11 upon a showing of a possible violation may compel an
12 individual licensed to practice under this Act, or who has
13 applied for licensure under this Act, to submit to a mental
14 or physical examination, or both, as required by and at the
15 expense of the Department. The Department or Board may order
16 the examining physician to present testimony concerning the
17 mental or physical examination of the licensee or applicant.
18 No information shall be excluded by reason of any common law
19 or statutory privilege relating to communications between the
20 licensee or applicant and the examining physician. The
21 examining physicians shall be specifically designated by the
22 Board or Department. The individual to be examined may have,
23 at his or her own expense, another physician of his or her
24 choice present during all aspects of this examination.
25 Failure of an individual to submit to a mental or physical
26 examination, when directed, shall be grounds for suspension
27 of his or her license until the individual submits to the
28 examination if the Department finds, after notice and
29 hearing, that the refusal to submit to the examination was
30 without reasonable cause.
31 If the Department or Board finds an individual unable to
32 practice because of the reasons set forth in this Section,
33 the Department or Board may require that individual to submit
34 to care, counseling, or treatment by physicians approved or
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1 designated by the Department or Board, as a condition, term,
2 or restriction for continued, reinstated, or renewed
3 licensure to practice; or, in lieu of care, counseling, or
4 treatment, the Department may file, or the Board may
5 recommend to the Department to file, a complaint to
6 immediately suspend, revoke, or otherwise discipline the
7 license of the individual. An individual whose license was
8 granted, continued, reinstated, renewed, disciplined or
9 supervised subject to such terms, conditions, or
10 restrictions, and who fails to comply with such terms,
11 conditions, or restrictions, shall be referred to the
12 Director for a determination as to whether the individual
13 shall have his or her license suspended immediately, pending
14 a hearing by the Department.
15 In instances in which the Director immediately suspends a
16 person's license under this Section, a hearing on that
17 person's license must be convened by the Department within 15
18 days after the suspension and completed without appreciable
19 delay. The Department and Board shall have the authority to
20 review the subject individual's record of treatment and
21 counseling regarding the impairment to the extent permitted
22 by applicable federal statutes and regulations safeguarding
23 the confidentiality of medical records.
24 An individual licensed under this Act and affected under
25 this Section shall be afforded an opportunity to demonstrate
26 to the Department or Board that he or she can resume practice
27 in compliance with acceptable and prevailing standards under
28 the provisions of his or her license.
29 (Source: P.A. 87-783; 87-1237.)
30 (225 ILCS 55/90) (from Ch. 111, par. 8351-90)
31 Sec. 90. Violations; injunctions; cease and desist
32 order.
33 (a) If any person violates a provision of this Act, the
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1 Director may, in the name of the People of the State of
2 Illinois, through the Attorney General of the State of
3 Illinois, petition for an order enjoining the violation or
4 for an order enforcing compliance with this Act. Upon the
5 filing of a verified petition in court, the court may issue a
6 temporary restraining order, without notice or bond, and may
7 preliminarily and permanently enjoin the violation. If it is
8 established that the person has violated or is violating the
9 injunction, the Court may punish the offender for contempt of
10 court. Proceedings under this Section are in addition to,
11 and not in lieu of, all other remedies and penalties provided
12 by this Act.
13 (b) If any person practices as a marriage and family
14 therapist or holds himself or herself out as such without
15 having a valid license certificate under this Act, then any
16 licensee, any interested party or any person injured thereby
17 may, in addition to the Director, petition for relief as
18 provided in subsection (a) of this Section.
19 (c) Whenever in the opinion of the Department any person
20 violates any provision of this Act, the Department may issue
21 a rule to show cause why an order to cease and desist should
22 not be entered against him or her. The rule shall clearly
23 set forth the grounds relied upon by the Department and shall
24 provide a period of 7 days from the date of the rule to file
25 an answer to the satisfaction of the Department. Failure to
26 answer to the satisfaction of the Department shall cause an
27 order to cease and desist to be issued immediately.
28 (Source: P.A. 87-783.)
29 (225 ILCS 55/95) (from Ch. 111, par. 8351-95)
30 Sec. 95. Investigation; notice and hearing. The
31 Department may investigate the actions or qualifications of
32 any person or persons holding or claiming to hold a license
33 certificate of registration. Before suspending, revoking,
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1 placing on probationary status, or taking any other
2 disciplinary action as the Department may deem proper with
3 regard to any license or certificate of registration, at
4 least 30 days before the date set for the hearing, the
5 Department shall (i) notify the accused in writing of any
6 charges made and the time and place for a hearing on the
7 charges before the Board, (ii) direct him or her to file a
8 written answer to the charges with the Board under oath
9 within 20 days after the service on him or her of such
10 notice, and (iii) inform him or her that if he or she fails
11 to file an answer, default will be taken against him or her
12 and his or her license or certificate of registration may be
13 suspended, revoked, placed on probationary status, or other
14 disciplinary action taken with regard to the license or
15 certificate, including limiting the scope, nature, or extent
16 of his or her practice, as the Department may deem proper. In
17 case the person, after receiving notice, fails to file an
18 answer, his or her license or certificate may, in the
19 discretion of the Department, be suspended, revoked, placed
20 on probationary status, or the Department may take whatever
21 disciplinary action deemed proper, including limiting the
22 scope, nature, or extent of the person's practice or the
23 imposition of a fine, without a hearing, if the act or acts
24 charged constitute sufficient for such action under this Act.
25 This written notice and any notice in the subsequent
26 proceedings may be served by personal delivery to the accused
27 person, or by registered or certified mail to the address
28 last specified by the accused in his last notification to the
29 Department. In case the person fails to file an answer after
30 receiving notice, his or her license or certificate may, in
31 the discretion of the Department, be suspended, revoked, or
32 placed on probationary status, or the Department may take
33 whatever disciplinary action deemed proper, including
34 limiting the scope, nature, or extent of the person's
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1 practice or the imposition of a fine, without a hearing, if
2 the act or acts charged constitute sufficient grounds for
3 such action under this Act. The written answer shall be
4 served by personal delivery, certified delivery, or certified
5 or registered mail to the Department. At the time and place
6 fixed in the notice, the Department shall proceed to hear the
7 charges and the parties or their counsel shall be accorded
8 ample opportunity to present such statements, testimony,
9 evidence, and argument as may be pertinent to the charges or
10 to the defense thereto. The Department may continue such
11 hearing from time to time. At the discretion of the Director
12 after having first received the recommendation of the Board,
13 the accused person's license certificate of registration may
14 be suspended or revoked, if the evidence constitutes
15 sufficient grounds for such action under this Act.
16 (Source: P.A. 87-783; 87-1031; 87-1237; 88-45.)
17 (225 ILCS 55/165) (from Ch. 111, par. 8351-165)
18 Sec. 165. Illinois Administrative Procedure Act. The
19 Illinois Administrative Procedure Act is expressly adopted
20 and incorporated in this Act as if all of the provisions of
21 that Act were included in this Act, except that the provision
22 of paragraph (d) of Section 10-65 of the Illinois
23 Administrative Procedure Act, which provides that at hearings
24 the license certificate holder has the right to show
25 compliance with all lawful requirements for retention,
26 continuation or renewal of the certificate, is specifically
27 excluded. For the purpose of this Act the notice required
28 under Section 10-25 of the Illinois Administrative Procedure
29 Act is deemed sufficient when mailed to the last known
30 address of a party.
31 (Source: P.A. 87-783; 88-670, eff. 12-2-94.)
32 (225 ILCS 55/50 rep.)
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1 Section 25. The Marriage and Family Therapy Licensing Act
2 is amended by repealing Section 50.
3 Section 30. The Illinois Nursing Act of 1987 is amended
4 by changing Sections 3, 4, 7, 10, 11, 12, 14, 16, 17, 21, 23,
5 24, 25, 26, 27, 30, 32, 33, 35, 36, 37, 38, 39, 40, 42, 43,
6 and 47 as follows:
7 (225 ILCS 65/3) (from Ch. 111, par. 3503)
8 Sec. 3. Definitions. Each of the following terms, when
9 used in this Act, shall have the meaning ascribed to it in
10 this Section, except where the context clearly indicates
11 otherwise:
12 (a) "Department" means the Department of Professional
13 Regulation;
14 (b) "Director" means the Director of the Department of
15 Professional Regulation;
16 (c) "Board Committee" means the Board of Committee on
17 Nursing appointed by the Director;
18 (d) "Academic year" means the customary annual schedule
19 of courses at a college, university, or approved school,
20 customarily regarded as the school year as distinguished from
21 the calendar year;
22 (e) "Approved program of professional nursing education"
23 and "approved program of practical nursing education" are
24 programs of professional or practical nursing, respectively,
25 approved by the Department under the provisions of this Act;
26 (f) "Nursing Act Coordinator" means a registered
27 professional nurse appointed by the Director to carry out the
28 administrative policies of the Department;
29 (g) "Assistant Nursing Act Coordinator" means a
30 registered professional nurse appointed by the Director to
31 assist in carrying out the administrative policies of the
32 Department;
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1 (h) "Registered" is the equivalent of "licensed";
2 (i) "Practical nurse" or "licensed practical nurse"
3 means a person who is licensed as a practical nurse under
4 this Act and practices practical nursing as defined in
5 paragraph (j) of this Section. Only a practical nurse
6 licensed under this Act is entitled to use the title
7 "licensed practical nurse" and the abbreviation "L.P.N.";
8 (j) "Practical nursing" means the performance, for
9 compensation, of acts in the care of the ill, injured, or
10 infirmed, selected by and performed under the direction of a
11 registered professional nurse, licensed physician, dentist,
12 or podiatrist, requiring the basic nursing skill, judgment,
13 and knowledge acquired by means of a completed course of
14 study in an approved practical nursing education program;
15 (k) "Registered nurse" or "registered professional
16 nurse" means a person who is licensed as a professional nurse
17 under this Act and practices nursing as defined in paragraph
18 (l) of this Section. Only a registered nurse licensed under
19 this Act is entitled to use the titles "registered nurse" and
20 "registered professional nurse" and the abbreviation, "R.N.";
21 (l) "Professional nursing" includes all its specialties,
22 and means the performance for compensation of any nursing
23 act, (1) in the nursing evaluation, observation, care, and
24 counsel of the ill, injured, or infirmed; (2) in the
25 maintenance of health or prevention of illness of others; (3)
26 in the administration of medications and treatments as
27 prescribed by a licensed physician, dentist, or podiatrist;
28 or (4) any act in the supervision or teaching of nursing,
29 which requires substantial, specialized judgment and skill
30 the proper performance of which is based on knowledge and
31 application of the principles of biological, physical, and
32 social science acquired by means of a completed course in an
33 approved school of professional nursing. The foregoing shall
34 not be deemed to include those acts of medical diagnosis or
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1 prescription of therapeutic or corrective measures that which
2 are properly performed only by physicians licensed in the
3 State of Illinois; and
4 (m) "Current nursing practice update course" means a
5 planned nursing education curriculum approved by the
6 Department consisting of activities that which have
7 educational objectives, instructional methods, content or
8 subject matter, clinical practice, and evaluation methods,
9 related to basic review and updating content and specifically
10 planned for those nurses previously licensed in the United
11 States or its territories and preparing for reentry into
12 nursing practice.
13 (Source: P.A. 85-981.)
14 (225 ILCS 65/4) (from Ch. 111, par. 3504)
15 Sec. 4. Policy; application of Act. For the protection of
16 life and the promotion of health, and the prevention of
17 illness and communicable diseases, any person practicing or
18 offering to practice professional and practical nursing in
19 Illinois shall submit evidence that he or she is qualified to
20 practice, and shall be licensed as hereinafter provided under
21 this Act. No person shall practice or offer to practice
22 professional or practical nursing in Illinois or use any
23 title, sign, card or device to indicate that such a person is
24 practicing professional or practical nursing unless such
25 person has been licensed under the provisions of this Act.
26 This Act does not prohibit the following:
27 (a) The practice of nursing in Federal employment in the
28 discharge of the employee's duties by a person who is
29 employed by the United States government or any bureau,
30 division or agency thereof and is a legally qualified and
31 licensed nurse of another state or territory and not in
32 conflict with Sections 6, 12, 13, and 25 of this Act;
33 (b) Nursing that which is included in their program of
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1 study by students enrolled in programs of nursing or in
2 current nurse practice update courses approved by the
3 Department;
4 (c) The furnishing of nursing assistance in an
5 emergency;
6 (d) The practice of nursing by a nurse who holds an
7 active license in another state when providing services to
8 patients in Illinois during a bonafide emergency or in
9 immediate preparation for or during interstate transit;
10 (e) The incidental care of the sick by members of the
11 family, domestic servants or housekeepers, or care of the
12 sick where treatment is by prayer or spiritual means;
13 (f) Persons from being employed as nursing aides,
14 attendants, orderlies and other auxiliary workers in private
15 homes, long term care facilities, nurseries, hospitals or
16 other institutions;
17 (g) The practice of practical nursing by one who has
18 applied in writing to the Department in form and substance
19 satisfactory to the Department, for a license as a licensed
20 practical nurse and has complied with all the provisions
21 under Section 12 13, except the passing of an examination to
22 be eligible to receive such license, until: the decision of
23 the Department that the applicant has failed to pass the next
24 available examination authorized by the Department, or
25 failed, without an approved excuse, to take the next
26 available examination authorized by the Department, or the
27 withdrawal of the application, not to exceed 3 months. No
28 applicant for licensure practicing under the provisions of
29 this paragraph shall practice practical nursing except under
30 the direct supervision of a registered professional nurse
31 licensed under this Act or a licensed physician, dentist or
32 podiatrist. In no instance shall any such applicant practice
33 or be employed in any supervisory capacity;
34 (h) The practice of practical nursing by one who is a
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1 licensed practical nurse under the laws of another U.S.
2 jurisdiction and has applied in writing to the Department, in
3 form and substance satisfactory to the Department, for a
4 license as a licensed practical nurse and who is qualified to
5 receive such license under Section 12 13, until: (1) the
6 expiration of 6 months after the filing of such written
7 application, or (2) the withdrawal of such application, or
8 (3) the denial of such application by the Department;
9 (i) The practice of professional nursing by one who has
10 applied in writing to the Department in form and substance
11 satisfactory to the Department for a license as a registered
12 professional nurse and has complied with all the provisions
13 under Section 12 except the passing of an examination to be
14 eligible to receive such license until: the decision of the
15 Department that the applicant has failed to pass the next
16 available examination authorized by the Department, or
17 failed, without an approved excuse, to take the next
18 available examination authorized by the Department or the
19 withdrawal of the application, not to exceed 3 months. No
20 applicant for licensure practicing under the provisions of
21 this paragraph shall practice professional nursing except
22 under the direct supervision of a registered professional
23 nurse licensed under this Act. In no instance shall any such
24 applicant practice or be employed in any supervisory
25 capacity;
26 (j) The practice of professional nursing by one who is a
27 registered professional nurse under the laws of another
28 state, territory of the United States or country and has
29 applied in writing to the Department, in form and substance
30 satisfactory to the Department, for a license as a registered
31 professional nurse and who is qualified to receive such
32 license under Section 12, until: (1) the expiration of 6 12
33 months after the filing of such written application, or (2)
34 the withdrawal of such application, or (3) the denial of such
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1 application by the Department;
2 (k) The practice of professional nursing that which is
3 included in a program of study by one who is a registered
4 professional nurse under the laws of another state or
5 territory of the United States or foreign country, territory
6 or province and who is enrolled in a graduate nursing
7 education program or a program for the completion of a
8 baccalaureate nursing degree in this State which program
9 includes clinical supervision by faculty as determined by the
10 educational institution offering the program and the health
11 care organization where the practice of nursing occurs. The
12 educational institution will file with the Department each
13 academic term a list of the names and origin of license of
14 all professional nurses practicing nursing as part of their
15 programs under this provision; or
16 (l) Any person licensed in this State under any other
17 Act from engaging in the practice for which she or he is
18 licensed.
19 An applicant for license practicing under the exceptions
20 set forth in subparagraphs (g), (h), (i), and (j) of this
21 Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
22 Pend. respectively and no other.
23 (Source: P.A. 85-981.)
24 (225 ILCS 65/7) (from Ch. 111, par. 3507)
25 Sec. 7. Board.
26 (a) The Director shall appoint the Board Committee which
27 shall be composed of 9 registered professional nurses, 2
28 licensed practical nurses and one public member who shall
29 also be a voting non-voting member and who is not a licensed
30 health care provider. Two Three registered nurses shall hold
31 at least a master's degree in nursing and be educators in
32 professional nursing programs, one representing baccalaureate
33 nursing education, one representing associate degree nursing
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1 education, and one representing diploma education; one
2 registered nurse shall hold at least a bachelor's degree with
3 a major in nursing and be an educator in a licensed practical
4 nursing program; one registered nurse shall hold a master's
5 degree in nursing and shall represent nursing service
6 administration; 2 registered nurses shall represent clinical
7 nursing practice, one of whom shall have at least a master's
8 degree in nursing; and 2 registered nurses shall represent
9 advanced specialty practice. Each of the 11 nurses shall have
10 had a minimum of 5 years experience in nursing, 3 three of
11 which shall be in the area they represent on the Board
12 committee and be actively engaged in the area of nursing they
13 represent at the time of appointment and during their tenure
14 on the Board Committee. Members shall be appointed for a
15 term of 3 years. No member shall be eligible for appointment
16 to more than 2 consecutive terms and any appointment to fill
17 a vacancy shall be for the unexpired portion of the term. In
18 making Board Committee appointments, the Director shall give
19 consideration to recommendations submitted by nursing
20 organizations. Consideration shall be given to equal
21 geographic representation. The Board Committee shall receive
22 actual and necessary expenses incurred in the performance of
23 their duties.
24 In making the initial appointments, the Director shall
25 appoint all new members for terms of 2, 3 and 4 years and
26 such terms shall be staggered as follows: 3 shall be
27 appointed for terms of 2 years; 3 shall be appointed for
28 terms of 3 years;, and 3 shall be appointed for terms of 4
29 years. However, such appointment shall be made in a manner
30 so that each member appointed prior to January 1, 1987, whose
31 current appointed term has not expired, will be allowed to
32 serve out the remainder of his or her term.
33 The Director may remove any member of the Board committee
34 for misconduct, incapacity, or neglect of duty. The Director
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1 shall reduce to writing any causes for removal.
2 The Board Committee shall meet annually to elect a
3 chairperson and vice chairperson. The Board Committee may
4 hold such other meetings during the year as may be necessary
5 to conduct its business. Six voting members of the Board
6 Committee shall constitute a quorum at any meeting. Any
7 action taken by the Board Committee must be on the
8 affirmative vote of 6 members. Voting by proxy shall not be
9 permitted.
10 The Board Committee shall submit an annual report to the
11 Director.
12 The members of the Board Committee shall be immune from
13 suit in any action based upon any disciplinary proceedings or
14 other acts performed in good faith as members of the Board
15 Committee.
16 (b) The Board Committee is authorized to:
17 (1) recommend the adoption and, from time to time,
18 the revision of such rules that and regulations which may
19 be necessary to carry out the provisions of this Act;
20 (2) conduct hearings and disciplinary conferences
21 upon charges calling for discipline of a licensee as
22 provided in Section 25;
23 (3) report to the Department, upon completion of a
24 hearing, the disciplinary actions recommended to be taken
25 against persons violating this Act;
26 (4) recommend the approval, denial of approval,
27 withdrawal of approval, or discipline of nursing
28 education programs;
29 (5) participate in a national organization of state
30 boards of nursing; and
31 (6) recommend a list of the registered nurses to
32 serve as Nursing Act Coordinator and Assistant Nursing
33 Act Coordinator, respectively.
34 (Source: P.A. 87-268.)
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1 (225 ILCS 65/10) (from Ch. 111, par. 3510)
2 Sec. 10. Department powers and duties.
3 (a) The Department shall exercise the powers and duties
4 prescribed by the Civil Administrative Code of Illinois for
5 administration of licensing acts and shall exercise such
6 other powers and duties necessary for effectuating the
7 purpose of this Act. None of the functions, powers or duties
8 of the Department with respect to licensure and examination,
9 shall be exercised by the Department except upon review by
10 the Board Committee. The Department shall promulgate rules
11 to implement, interpret, or make specific the provisions and
12 purposes of this Act; however no such rulemaking shall be
13 promulgated by the Department except upon review by the Board
14 the affirmative vote of 5 members of the Committee.
15 (b) The Department shall:
16 (1) (blank); Issue quarterly to the Committee a
17 report of the status of all formal complaints filed by
18 the Department and significant issues as determined by
19 the Committee.
20 (2) prepare and maintain a list of approved
21 programs of professional nursing education and programs
22 of practical nursing education in this State, whose
23 graduates, if they have the other necessary
24 qualifications provided in this Act, shall be eligible to
25 apply for a license to practice nursing in this State;
26 (3) promulgate rules defining what constitutes an
27 approved program of professional nursing education and
28 what constitutes an approved program of practical nursing
29 education; and
30 (4) promulgate rules for examination of candidates
31 for licenses; and for issuance of licenses authorizing
32 candidates upon passing an examination to practice under
33 this Act.
34 (Source: P.A. 85-981.)
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1 (225 ILCS 65/11) (from Ch. 111, par. 3511)
2 Sec. 11. Nursing Act Coordinator. The Department shall
3 obtain, pursuant to the Personnel Code, as amended, a Nursing
4 Act Coordinator and assistants. The Nursing Act Coordinator
5 and assistants shall be professional nurses licensed in this
6 State and graduated from approved schools of nursing, and
7 each shall have been actively engaged in nursing education
8 not less than one year prior to appointment. The Nursing Act
9 Coordinator shall hold at least a master's degree in nursing
10 from an approved college or university; and have at least 5
11 years' experience since graduation in progressively
12 responsible positions in nursing education. Each assistant
13 shall hold at least a master's degree in nursing from an
14 approved college or university; and have at least 3 years'
15 experience since graduation in progressively responsible
16 positions in nursing education. The Nursing Act Coordinator
17 and assistants shall perform such administrative functions as
18 may be delegated to them by the Director.
19 (Source: P.A. 85-981.)
20 (225 ILCS 65/12) (from Ch. 111, par. 3512)
21 Sec. 12. Qualifications for licensure.
22 (a) Each applicant who successfully meets the
23 requirements of this Section shall be entitled to licensure
24 as a Registered Nurse or Licensed Practical Nurse, whichever
25 is applicable.
26 (b) An applicant for licensure by examination to
27 practice as a registered nurse or licensed practical nurse
28 shall:
29 (1) submit a completed written application, on
30 forms provided by the Department and fees as established
31 by the Department;
32 (2) for registered nurse licensure, have completed
33 an approved professional nursing education program of not
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1 less than 2 academic years and have graduated from the
2 program; for licensed practical nurse licensure, have
3 completed an approved practical nursing education program
4 of not less than one academic year and have graduated
5 from the program;
6 (3) have not violated the provisions of Section 25
7 of this Act. The Department may take into consideration
8 any felony conviction of the applicant, but such a
9 conviction shall not operate as an absolute bar to
10 licensure;
11 (4) meet all other requirements as established by
12 rule;
13 (5) pay, either to the Department or its designated
14 testing service, a fee covering the cost of providing the
15 examination. Failure to appear for the examination on the
16 scheduled date at the time and place specified after the
17 applicant's application for examination has been received
18 and acknowledged by the Department or the designated
19 testing service shall result in the forfeiture of the
20 examination fee.
21 If an applicant neglects, fails, or refuses to take an
22 examination or fails to pass an examination for a license
23 under this Act within 3 years after filing the application,
24 the application shall be denied. However, the applicant may
25 make a new application accompanied by the required fee and
26 provide evidence of meeting the requirements in force at the
27 time of the new application.
28 An applicant shall have one year from the date of
29 notification of successful completion of the examination to
30 apply to the Department for a license. If an applicant fails
31 to apply within one year, the applicant shall be required to
32 again take and pass the examination unless licensed in
33 another jurisdiction of the United States within 2 years of
34 passing the examination.
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1 (c) An applicant for licensure who is a registered
2 professional nurse or a licensed practical nurse licensed by
3 examination under the laws of another state or territory of
4 the United States shall:
5 (1) submit a completed written application, on
6 forms supplied by the Department, and fees as established
7 by the Department;
8 (2) for registered nurse licensure, have completed
9 an approved professional nursing education program of not
10 less than 2 academic years and have graduated from the
11 program; for licensed practical nurse licensure, have
12 completed an approved practical nursing education program
13 of not less than one academic year and have graduated
14 from the program;
15 (3) submit verification of licensure status
16 directly from the United States jurisdiction of
17 licensure;
18 (4) have passed the examination authorized by the
19 Department;
20 (5) meet all other requirements as established by
21 rule.
22 (d) All applicants for licensure pursuant to this
23 Section who are graduates of nursing educational programs in
24 a country other than the United States or its territories
25 must submit to the Department certification of successful
26 completion of the Commission of Graduates of Foreign Nursing
27 Schools (CGFNS) examination. An applicant, who is unable to
28 provide appropriate documentation to satisfy CGFNS of her or
29 his educational qualifications for the CGFNS examination,
30 shall be required to pass an examination to test competency
31 in the English language which shall be prescribed by the
32 Department, if the applicant is determined by the Board to be
33 educationally prepared in nursing. The Board shall make
34 appropriate inquiry into the reasons for any adverse
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1 determination by CGFNS before making its own decision.
2 An applicant licensed in another state or territory who
3 is applying for licensure and has received her or his
4 education in a country other than the United States or its
5 territories shall be exempt from the completion of the
6 Commission of Graduates of Foreign Nursing Schools (CGFNS)
7 examination if the applicant meets all of the following
8 requirements:
9 (1) successful passage of the licensure examination
10 authorized by the Department;
11 (2) holds an active, unencumbered license in
12 another state; and
13 (3) has been actively practicing for a minimum of 2
14 years in another state.
15 (e) No applicant shall be issued a license as a
16 registered nurse or practical nurse under this Section unless
17 he or she has passed the examination authorized by the
18 Department within 3 years of completion and graduation from
19 an approved nursing education program, unless such applicant
20 submits proof of successful completion of a
21 Department-authorized remedial nursing education program or
22 recompletion of an approved registered nursing program or
23 licensed practical nursing program, as appropriate.
24 (f) Pending the issuance of a license under subsection
25 (b) of this Section, the Department may grant an applicant a
26 temporary license to practice nursing as a registered nurse
27 or as a licensed practical nurse if the Department is
28 satisfied that the applicant holds an active, unencumbered
29 license in good standing in another jurisdiction. If the
30 applicant holds more than one current active license, or one
31 or more active temporary licenses from other jurisdictions,
32 the Department shall not issue a temporary license until it
33 is satisfied that each current active license held by the
34 applicant is unencumbered. The temporary license, which
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1 shall be issued no later than 14 working days following
2 receipt by the Department of an application for the temporary
3 license, shall be granted upon the submission of the
4 following to the Department:
5 (1) a signed and completed application for
6 licensure under subsection (a) of this Section as a
7 registered nurse or a licensed practical nurse;
8 (2) proof of a current, active license in at least
9 one other jurisdiction and proof that each current active
10 license or temporary license held by the applicant is
11 unencumbered;
12 (3) a signed and completed application for a
13 temporary license; and
14 (4) the required permit fee.
15 (g) The Department may refuse to issue an applicant a
16 temporary license authorized pursuant to this Section if,
17 within 14 working days following its receipt of an
18 application for a temporary license, the Department
19 determines that:
20 (1) the applicant has been convicted of a crime
21 under the laws of a jurisdiction of the United States:
22 (i) which is a felony; or (ii) which is a misdemeanor
23 directly related to the practice of the profession,
24 within the last 5 years;
25 (2) within the last 5 years the applicant has had a
26 license or permit related to the practice of nursing
27 revoked, suspended, or placed on probation by another
28 jurisdiction, if at least one of the grounds for
29 revoking, suspending, or placing on probation is the same
30 or substantially equivalent to grounds in Illinois; or
31 (3) it intends to deny licensure by endorsement.
32 For purposes of this Section, an "unencumbered license"
33 means a license against which no disciplinary action has been
34 taken or is pending and for which all fees and charges are
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1 paid and current.
2 (h) The Department may revoke a temporary license issued
3 pursuant to this Section if:
4 (1) it determines that the applicant has been
5 convicted of a crime under the law of any jurisdiction of
6 the United States that is (i) a felony or (ii) a
7 misdemeanor directly related to the practice of the
8 profession, within the last 5 years;
9 (2) it determines that within the last 5 years the
10 applicant has had a license or permit related to the
11 practice of nursing revoked, suspended, or placed on
12 probation by another jurisdiction, if at least one of the
13 grounds for revoking, suspending, or placing on probation
14 is the same or substantially equivalent to grounds in
15 Illinois; or
16 (3) it determines that it intends to deny licensure
17 by endorsement.
18 A temporary license or renewed temporary license shall
19 expire (i) upon issuance of an Illinois license or (ii) upon
20 notification that the Department intends to deny licensure by
21 endorsement. A temporary license shall expire 6 months from
22 the date of issuance. Further renewal may be granted by the
23 Department in hardship cases, as defined by rule. However, a
24 temporary license shall automatically expire upon issuance of
25 the Illinois license or upon notification that the Department
26 intends to deny licensure, whichever occurs first. No
27 extensions shall be granted beyond the 6-month period unless
28 approved by the Director. Notification by the Department
29 under this Section shall be by certified or registered mail.
30 The Department shall issue a license to a person qualified
31 for licensure as a registered professional nurse if that
32 person:
33 (a) has applied in writing in form and substance
34 acceptable to the Department and has not violated the
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1 provisions of Section 25 of this Act. The Department may
2 take into consideration any felony conviction of the
3 applicant, but such a conviction shall not operate as an
4 absolute bar to licensure;
5 (b) has completed an approved professional nursing
6 education program of not less than 2 academic years and
7 has graduated from the program;
8 (c) has satisfactorily completed an examination
9 authorized by the Department; and
10 (d) has paid the required fees.
11 An applicant who received her or his nursing education in
12 a country other than the United States or its territories
13 shall be required to submit to the Department certification
14 of successful completion of the Commission of Graduates of
15 Foreign Nursing Schools (CGFNS) Examination. An applicant
16 who is unable to provide appropriate documentation to satisfy
17 CGFNS of her or his educational qualifications for the CGFNS
18 examination shall be required to pass an examination to test
19 competency in the English language which shall be prescribed
20 by the Department, if determined by the Committee to be
21 educationally prepared in nursing.
22 An applicant licensed in another State or territory who
23 is applying for licensure and has received his or her
24 education in a country other than the United States or its
25 territories shall be exempt from completion of the Commission
26 of Graduates of Foreign Nursing Schools (CGFNS) Examination
27 if the applicant meets all of the following requirements:
28 (1) successful passage of the examination
29 authorized by the Department;
30 (2) holds an active, unencumbered license in
31 another state; and
32 (3) has been actively practicing for a minimum of 2
33 years in the other state.
34 The Committee shall make appropriate inquiry into the
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1 reasons for any adverse determination by CGFNS before making
2 its own decision.
3 (Source: P.A. 88-218.)
4 (225 ILCS 65/14) (from Ch. 111, par. 3514)
5 Sec. 14. Except for those applicants who have received
6 advanced graduate degrees in nursing from an approved program
7 with concurrent theory and clinical practice, the educational
8 requirements of Section 12 relating to registered
9 professional nursing and of Section 13 relating to licensed
10 practical nursing shall not be deemed to have been satisfied
11 by the completion of any correspondence course or any program
12 of nursing that which does not require coordinated or
13 concurrent theory and clinical practice.
14 (Source: P.A. 88-595, eff. 8-26-94.)
15 (225 ILCS 65/16) (from Ch. 111, par. 3516)
16 Sec. 16. Expiration of license; renewal. The expiration
17 date and renewal period for each license issued under this
18 Act shall be set by rule. The holder of a license may renew
19 the license such certificate during the month preceding the
20 expiration date of the license thereof by paying the required
21 fee. It is the responsibility of the licensee to notify the
22 Department in writing of a change of address.
23 (Source: P.A. 85-981.)
24 (225 ILCS 65/17) (from Ch. 111, par. 3517)
25 Sec. 17. Restoration of license; temporary permit.
26 (a) Any license issued under this Act that which has
27 expired or that which is on inactive status may be restored
28 by making application to the Department and filing proof of
29 fitness acceptable to the Department as specified by rule, to
30 have the license restored, and by paying the required
31 restoration fee. Such proof of fitness may include evidence
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1 certifying to active lawful practice in another jurisdiction.
2 However, any license issued under this Act that which
3 expired while the licensee was (1) in federal service on
4 active duty with the Armed Forces of the United States, or
5 the State Militia called into service or training, or (2) in
6 training or education under the supervision of the United
7 States preliminary to induction into the military service,
8 may have the license restored without paying any lapsed
9 renewal fees if within 2 years after honorable termination of
10 such service, training, or education, the applicant furnishes
11 the Department with satisfactory evidence to the effect that
12 the applicant has been so engaged and that the individual's
13 service, training, or education has been so terminated.
14 Any licensee who shall engage in the practice of nursing
15 with a lapsed license or while on inactive status shall be
16 considered to be practicing without a license which shall be
17 grounds for discipline under Section 25 of this Act.
18 (b) Pending restoration of a license under subsection
19 (a) of this Section, the Department may grant an applicant a
20 temporary license permit to practice nursing as a registered
21 nurse or as a licensed practical nurse if the Department is
22 satisfied that the applicant holds an active, unencumbered
23 license in good standing in another jurisdiction. If the
24 applicant holds more than one current active license, or one
25 or more active temporary licenses permits from other
26 jurisdictions, the Department shall not issue a temporary
27 license permit until it is satisfied that each current active
28 license and permit held by the applicant is unencumbered. The
29 temporary license permit, which shall be issued no later than
30 14 working days following receipt by the Department of an
31 application for the license therefore, shall be granted upon
32 the submission of the following to the Department:
33 (1) a signed and completed application for
34 restoration of licensure under this Section as a
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1 registered nurse or a licensed practical nurse;
2 (2) proof of (i) a current, active license in at
3 least one other jurisdiction and proof that each current,
4 active license or temporary permit held by the applicant
5 is unencumbered or (ii) fitness to practice nursing in
6 Illinois as specified by rule;
7 (3) a signed and completed application for a
8 temporary permit; and
9 (4) the required permit fee of $25.
10 (c) The Department may refuse to issue to an applicant a
11 temporary permit authorized under this Section if, within 14
12 working days following its receipt of an application for a
13 temporary permit, the Department determines that:
14 (1) the applicant has been convicted within the
15 last 5 years of any crime under the laws of any
16 jurisdiction of the United States that is (i) a felony
17 or (ii) a misdemeanor directly related to the practice of
18 the profession;
19 (2) within the last 5 years the applicant had a
20 license or permit related to the practice of nursing
21 revoked, suspended, or placed on probation by another
22 jurisdiction if at least one of the grounds for revoking,
23 suspending, or placing on probation is the same or
24 substantially equivalent to grounds in Illinois; or
25 (3) it is determined by the Department that it
26 intends to deny restoration of the license.
27 For purposes of this Section, an "unencumbered license"
28 means any license against which no disciplinary action has
29 been taken or is pending and for which all fees and charges
30 are paid and current.
31 (d) The Department may revoke a temporary permit issued
32 under this Section if:
33 (1) it determines that the applicant has been
34 convicted within the last 5 years of any crime under the
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1 law of any jurisdiction of the United States that is (i)
2 a felony or (ii) a misdemeanor directly related to the
3 practice of the profession;
4 (2) within the last 5 years the applicant had a
5 license or permit related to the practice of nursing
6 revoked, suspended, or placed on probation by another
7 jurisdiction, if at least one of the grounds for
8 revoking, suspending, or placing on probation is the same
9 or substantially equivalent to grounds in Illinois; or
10 (3) it is determined by the Department that it
11 intends to deny restoration of the license.
12 A temporary permit or renewed temporary permit shall
13 expire (i) upon issuance of an Illinois license or (ii) upon
14 notification that the Department intends to deny restoration
15 of licensure. A temporary permit shall expire 6 months from
16 the date of issuance. Further renewal may be granted by the
17 Department, in hardship cases, that shall automatically
18 expire upon issuance of the Illinois license or upon
19 notification that the Department intends to deny licensure,
20 whichever occurs first. No extensions shall be granted beyond
21 the 6 months period unless approved by the Director.
22 Notification by the Department under this Section shall be by
23 certified or registered mail.
24 (Source: P.A. 86-615; 87-1156.)
25 (225 ILCS 65/21) (from Ch. 111, par. 3521)
26 Sec. 21. Returned checks; fines. Any person who delivers
27 a check or other payment to the Department that is returned
28 to the Department unpaid by the financial institution upon
29 which it is drawn shall pay to the Department, in addition to
30 the amount already owed to the Department, a fine of $50. If
31 the check or other payment was for a renewal or issuance fee
32 and that person practices without paying the renewal fee or
33 issuance fee and the fine due, an additional fine of $100
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1 shall be imposed. The fines imposed by this Section are in
2 addition to any other discipline provided under this Act for
3 unlicensed practice or practice on a nonrenewed license. The
4 Department shall notify the person that payment of fees and
5 fines shall be paid to the Department by certified check or
6 money order within 30 calendar days of the notification. If,
7 after the expiration of 30 days from the date of the
8 notification, the person has failed to submit the necessary
9 remittance, the Department shall automatically terminate the
10 license or certificate or deny the application, without
11 hearing. If, after termination or denial, the person seeks a
12 license or certificate, he or she shall apply to the
13 Department for restoration or issuance of the license or
14 certificate and pay all fees and fines due to the Department.
15 The Department may establish a fee for the processing of an
16 application for restoration of a license or certificate to
17 pay all expenses of processing this application. The Director
18 may waive the fines due under this Section in individual
19 cases where the Director finds that the fines would be
20 unreasonable or unnecessarily burdensome.
21 (Source: P.A. 86-596; 87-1031.)
22 (225 ILCS 65/23) (from Ch. 111, par. 3523)
23 Sec. 23. Fees. The following fees are not refundable:
24 (a) The Department shall provide by rule for a schedule
25 of fees to be paid for licenses by all applicants.
26 (a-5) Except as provided in subsection (b), the fees for
27 the administration and enforcement of this Act, including but
28 not limited to original licensure, renewal, and restoration,
29 shall be set by rule. The fees shall not be refundable. The
30 fee for application for a Certificate of Registration as a
31 registered professional nurse and a licensed practical nurse
32 is $50.
33 (b) In addition, applicants for any examination as a
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1 Registered Professional Nurse or a Licensed Practical Nurse
2 shall be required to pay, either to the Department or to the
3 designated testing service, a fee covering the cost of
4 providing the examination. Failure to appear for the
5 examination on the scheduled date, at the time and place
6 specified, after the applicant's application for examination
7 has been received and acknowledged by the Department or the
8 designated testing service, shall result in the forfeiture of
9 the examination fee.
10 (c) The fee for the renewal of a Certificate of
11 Registration shall be calculated at the rate of $20 per year.
12 (d) The fee for the restoration of a certificate of
13 registration other than from inactive status is $15 plus
14 payment of all lapsed renewal fees, but not to exceed $60.
15 (e) The fee for a license issued under the provisions of
16 Section 20, to a nurse licensed by examination under the laws
17 of another United States jurisdiction is $50.
18 (f) The fee for the issuance of a duplicate license, for
19 the issuance of a replacement license for a license which has
20 been lost or destroyed or for the issuance of a license with
21 a change of name or address other than during the renewal
22 period is $15. No fee is required for name and address
23 changes on Department records when no duplicate certificate
24 is issued.
25 (g) The fee for a certification of a registrant's record
26 for any purpose is $15.
27 (h) The fee to have the scoring of an examination
28 authorized by the Department reviewed and verified is $15
29 plus any fees charged by the applicable testing service.
30 (i) The fee for a wall certificate showing registration
31 shall be the actual cost of producing such certificate.
32 (j) The fee for a roster of persons registered as
33 Registered Professional Nurse in this State shall be the
34 actual cost of producing such a roster.
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1 (k) All of the fees collected by the Department pursuant
2 to this Section shall be paid into the Nursing Dedicated and
3 Professional Fund.
4 (l) The fee for nurse licensing, disciplinary or
5 investigative records obtained pursuant to a subpoena is $1
6 per page.
7 (Source: P.A. 86-596; 86-1475.)
8 (225 ILCS 65/24) (from Ch. 111, par. 3524)
9 Sec. 24. Fund. There is hereby created within the State
10 Treasury the Nursing Dedicated and Professional Fund. The
11 monies in the Fund may shall be used by and at the direction
12 of the Department for the administration and enforcement of
13 this Act, including but not limited to:
14 (a) Distribution and publication of "the Illinois
15 Nursing Act" of 1987 and the rules and regulations at the
16 time of renewal to all Registered Professional Nurses and
17 Licensed Practical Nurses licensed by the Department.;
18 (b) Employment of secretarial, nursing,
19 administrative, enforcement, and other staff research
20 assistance for the administration of this Act. After
21 January 1, 1991, the Director shall employ, in conformity
22 with the Personnel Code, one full-time investigator for
23 every 10,000 nurses licensed to practice in the State;
24 (c) Conducting a survey, as prescribed by rule of
25 the Department, once every 4 years during the license
26 renewal period. Surveying, every license renewal period,
27 the nurse population of Illinois, its employment,
28 earnings, distribution, education and other professional
29 and demographic characteristics, and for the publication
30 and distribution of the survey; and
31 (d) Conducting of training seminars for licensees
32 under this Act relating to the obligations,
33 responsibilities, enforcement and other provisions of the
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1 Act and its rules the regulations thereunder.
2 (e) Disposition of Fees:
3 (i) (Blank) Until January 1, 1991, 50% of the
4 fees collected pursuant to this Act shall be
5 deposited in the Nursing Dedicated and Professional
6 Fund and 50% shall be deposited in the General
7 Revenue Fund.
8 (ii) On or after January 1, 1991, All of the
9 fees and fines collected pursuant to this Act shall
10 be deposited in the Nursing Dedicated and
11 Professional Fund.
12 (iii) For the fiscal year beginning July 1,
13 1988, the moneys monies deposited in the Nursing
14 Dedicated and Professional Fund shall be
15 appropriated to the Department for expenses of the
16 Department and the Board Committee in the
17 administration of this Act. All earnings received
18 from investment of moneys monies in the Nursing
19 Dedicated and Professional Fund shall be deposited
20 in the Nursing Dedicated and Professional Fund and
21 shall be used for the same purposes as fees
22 deposited in the Fund.
23 (iv) For the fiscal year beginning July 1,
24 1991 and for each fiscal year thereafter, either 10%
25 of the moneys monies deposited in the Nursing
26 Dedicated and Professional Fund each year, not
27 including interest accumulated on such moneys
28 monies, or any moneys monies deposited in the Fund
29 in each year which are in excess of the amount
30 appropriated in that year to meet ordinary and
31 contingent expenses of the Board Committee,
32 whichever is less, shall be set aside and
33 appropriated to the Illinois Department of Public
34 Health for nursing scholarships awarded pursuant to
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1 the Nursing Education Scholarship Law.
2 (v) Moneys in the Fund may be transferred to
3 the Professions Indirect Cost Fund as authorized
4 under Section 61e of the Civil Administrative Code
5 of Illinois.
6 In addition to any other permitted use of moneys in the
7 Fund, and notwithstanding any restriction on the use of the
8 Fund, moneys in the Nursing Dedicated and Professional Fund
9 may be transferred to the General Revenue Fund as authorized
10 by this amendatory Act of 1992. The General Assembly finds
11 that an excess of moneys exists in the Fund. On February 1,
12 1992, the Comptroller shall order transferred and the
13 Treasurer shall transfer $200,000 (or such lesser amount as
14 may be on deposit in the Fund and unexpended and unobligated
15 on that date) from the Fund to the General Revenue Fund.
16 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
17 89-626, eff. 8-9-96.)
18 (225 ILCS 65/25) (from Ch. 111, par. 3525)
19 Sec. 25. Grounds for disciplinary action.
20 (a) The Department may, upon recommendation of the Board
21 Committee on Nursing, refuse to issue or to renew, or may
22 revoke, suspend, place on probation, reprimand, or take other
23 disciplinary action as the Department may deem appropriate,
24 with regard to a license for any one or a combination of the
25 causes set forth in subsection (b) below in 25(b). Fines up
26 to $2,500 may be imposed in conjunction with other forms of
27 disciplinary action for those violations that which result in
28 monetary gain for the licensee. Fines shall not be the
29 exclusive disposition of any disciplinary action arising out
30 of conduct resulting in death or injury to a patient. Fines
31 shall not be assessed in disciplinary actions involving
32 mental or physical illness or impairment. All fines
33 collected under this Section shall be deposited in the
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1 Nursing Dedicated and Professional Fund.
2 (b) The causes for disciplinary action are:
3 (1) 1. Material deception in furnishing information
4 to the Department.;
5 (2) 2. Material violations of any provision of this
6 Act or of the Illinois Nursing Act, prior to the repeal
7 of this Act, or violation of the rules of or final
8 administrative action of the Director, after
9 consideration of the recommendation of the Board.
10 Committee;
11 (3) 3. Conviction of any crime under the laws of
12 any jurisdiction of the United States: (i) which is a
13 felony; or (ii) which is a misdemeanor, an essential
14 element of which is dishonesty, or (iii) of any crime
15 which is directly related to the practice of the
16 profession.;
17 (4) 4. A pattern of practice or other behavior
18 which demonstrates incapacity or incompetency to practice
19 under this Act.;
20 (5) 5. Knowingly aiding or assisting another person
21 in violating any provision of this Act or rules.;
22 (6) 6. Failing, within 90 days, to provide a
23 response to a request for information in response to a
24 written request made by the Department by certified
25 mail.;
26 (7) 7. Engaging in dishonorable, unethical or
27 unprofessional conduct of a character likely to deceive,
28 defraud or harm the public, as defined by rule.;
29 (8) 8. Unlawful sale or distribution of any drug,
30 narcotic, or prescription device, or unlawful conversion
31 of any drug, narcotic or prescription device.;
32 (9) 9. Habitual or excessive use or addiction to
33 alcohol, narcotics, stimulants, or any other chemical
34 agent or drug which results in a nurses inability to
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1 practice with reasonable judgment, skill or safety.;
2 (10) 10. Discipline by another U.S. jurisdiction or
3 foreign nation, if at least one of the grounds for the
4 discipline is the same or substantially equivalent to
5 those set forth in this Section. herein;
6 (11) 11. A finding that the licensee, after having
7 her or his license placed on probationary status, has
8 violated the terms of probation.;
9 (12) 12. Being named as a perpetrator in an
10 indicated report by the Department of Children and Family
11 Services and under the Abused and Neglected Child
12 Reporting Act, and upon proof by clear and convincing
13 evidence that the licensee has caused a child to be an
14 abused child or neglected child as defined in the Abused
15 and Neglected Child Reporting Act.;
16 (13) 13. Willful omission to file or record, or
17 willfully impeding the filing or recording or inducing
18 another person to omit to file or record medical reports
19 as required by law or willfully failing to report an
20 instance of suspected child abuse or neglect as required
21 by the Abused and Neglected Child Reporting Act.;
22 (14) 14. Gross negligence in the practice of
23 nursing.;
24 (15) 15. Holding oneself out to be practicing
25 nursing under any name other than one's own.;
26 (16) 16. Fraud, deceit or misrepresentation in
27 applying for or procuring a license under this Act or in
28 connection with applying for renewal of a license under
29 this Act.;
30 (17) 17. Allowing another person or organization to
31 use the licensees' license to deceive the public.;
32 (18) 18. Willfully making or filing false records
33 or reports in the licensee's practice as a nurse,
34 including, but not limited to, false records to support
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1 claims against the medical assistance program of the
2 Department of Public Aid under the Illinois Public Aid
3 Code.;
4 (19) 19. Attempting to subvert or cheat on a nurse
5 licensing examination administered under this Act.;
6 (20) 20. Willfully or negligently violating the
7 confidentiality between nurse and patient except as
8 required by law.;
9 (21) 21. The use of any false, fraudulent, or
10 deceptive statement in any document connected with the
11 practice of nursing under this Act.;
12 (22) 22. Failure of a licensee to report to the
13 Department any adverse final action taken against such
14 licensee by another licensing jurisdiction (any other
15 jurisdiction of the United States or any foreign state or
16 country), by any peer review body, by any health care
17 institution, by any professional or nursing society or
18 association, by any governmental agency, by any law
19 enforcement agency, or by any court or a nursing
20 liability claim related to acts or conduct similar to
21 acts or conduct that which would constitute grounds for
22 action as defined in this Section.;
23 (23) 23. Failure of a licensee to report to the
24 Department surrender by the licensee of a license or
25 authorization to practice nursing in another state or
26 jurisdiction, or current surrender by the licensee of
27 membership on any nursing staff or in any nursing or
28 professional association or society while under
29 disciplinary investigation by any of those authorities or
30 bodies for acts or conduct similar to acts or conduct
31 that which would constitute grounds for action as defined
32 by this Section.;
33 (24) 24. The determination by a circuit court that
34 a licensee is subject to involuntary admission or
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1 judicial admission as provided in the Mental Health and
2 Developmental Disabilities Code, as amended, operates as
3 an automatic suspension. The Such suspension will end
4 only upon a finding by a court that the patient is no
5 longer subject to involuntary admission or judicial
6 admission and issues an order so finding and discharging
7 the patient; and upon the recommendation of the Board
8 Committee to the Director that the licensee be allowed to
9 resume his or her practice.;
10 (25) 25. The Department may refuse to issue or may
11 suspend the license of any person who fails to file a
12 return, or to pay the tax, penalty or interest shown in a
13 filed return, or to pay any final assessment of the tax,
14 penalty, or interest as required by any tax Act
15 administered by the Illinois Department of Revenue, until
16 such time as the requirements of any such tax Act are
17 satisfied.; and
18 (26) 26. Violation of the Health Care Worker
19 Self-Referral Act.
20 (27) Physical illness, including but not limited to
21 deterioration through the aging process or loss of motor
22 skill, mental illness, or disability that results in the
23 inability to practice the profession with reasonable
24 judgment, skill, or safety;
25 (c) In enforcing this Section, the Department or Board
26 upon a showing of a possible violation may compel an
27 individual licensed to practice under this Act, or who has
28 applied for licensure under this Act, to submit to a mental
29 or physical examination, or both, as required by and at the
30 expense of the Department. The Department or Board may order
31 the examining physician to present testimony concerning the
32 mental or physical examination of the licensee or applicant.
33 No information shall be excluded by reason of any common law
34 or statutory privilege relating to communications between the
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1 licensee or applicant and the examining physician. The
2 examining physicians shall be specifically designated by the
3 Board or Department. The individual to be examined may have,
4 at his or her own expense, another physician of his or her
5 choice present during all aspects of this examination.
6 Failure of an individual to submit to a mental or physical
7 examination, when directed, shall be grounds for suspension
8 of his or her license until the individual submits to the
9 examination if the Department finds, after notice and
10 hearing, that the refusal to submit to the examination was
11 without reasonable cause.
12 If the Department or Board finds an individual unable to
13 practice because of the reasons set forth in this Section,
14 the Department or Board may require that individual to submit
15 to care, counseling, or treatment by physicians approved or
16 designated by the Department or Board, as a condition, term,
17 or restriction for continued, reinstated, or renewed
18 licensure to practice; or, in lieu of care, counseling, or
19 treatment, the Department may file, or the Board may
20 recommend to the Department to file, a complaint to
21 immediately suspend, revoke, or otherwise discipline the
22 license of the individual. An individual whose license was
23 granted, continued, reinstated, renewed, disciplined or
24 supervised subject to such terms, conditions, or
25 restrictions, and who fails to comply with such terms,
26 conditions, or restrictions, shall be referred to the
27 Director for a determination as to whether the individual
28 shall have his or her license suspended immediately, pending
29 a hearing by the Department.
30 In instances in which the Director immediately suspends a
31 person's license under this Section, a hearing on that
32 person's license must be convened by the Department within 15
33 days after the suspension and completed without appreciable
34 delay. The Department and Board shall have the authority to
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1 review the subject individual's record of treatment and
2 counseling regarding the impairment to the extent permitted
3 by applicable federal statutes and regulations safeguarding
4 the confidentiality of medical records.
5 An individual licensed under this Act and affected under
6 this Section shall be afforded an opportunity to demonstrate
7 to the Department or Board that he or she can resume practice
8 in compliance with acceptable and prevailing standards under
9 the provisions of his or her license.
10 (Source: P.A. 86-596; 87-1207.)
11 (225 ILCS 65/26) (from Ch. 111, par. 3526)
12 Sec. 26. Limitation on action. All proceedings to
13 suspend, revoke, or take any other disciplinary action as the
14 Department may deem proper, with regard to a license on any
15 of the foregoing grounds may not be commenced later than 3
16 years next after the commission of any act which is a ground
17 for discipline or a final conviction order for any of the
18 acts described herein. In the event of the settlement of any
19 claim or cause of action in favor of the claimant or the
20 reduction to the final judgment of any civil action in favor
21 of the plaintiff, such claim, cause of action or civil action
22 being rounded on the allegation that a person licensed under
23 this Act was negligent in providing care, the Department
24 shall have an additional period of one year from the date of
25 such settlement or final judgment in which to investigate and
26 commence formal disciplinary proceedings under Section 25 of
27 this Act, except as otherwise provided by law. The time
28 during which the holder of the license was outside the State
29 of Illinois shall not be included within any period of time
30 limiting the commencement of disciplinary action by the Board
31 Committee.
32 (Source: P.A. 85-981.)
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1 (225 ILCS 65/27) (from Ch. 111, par. 3527)
2 (Text of Section before amendment by P.A. 89-507)
3 Sec. 27. Suspension for imminent danger. The Director of
4 the Department may, upon receipt of a written communication
5 from the Director of the Department of Mental Health and
6 Developmental Disabilities or Department of Public Aid or
7 Department of Public Health that continuation of practice of
8 a person licensed under this Act constitutes an immediate
9 danger to the public, immediately suspend the license of such
10 person without a hearing. In instances in which the Director
11 immediately suspends a license under this Section, a hearing
12 upon such person's license must be convened by the Department
13 within 30 15 days after such suspension and completed without
14 appreciable delay, such hearing held to determine whether to
15 recommend to the Director that the person's license be
16 revoked, suspended, placed on probationary status or
17 reinstated, or such person be subject to other disciplinary
18 action. In such hearing, the written communication and any
19 other evidence submitted therewith may be introduced as
20 evidence against such person; provided, however, the person,
21 or his or her counsel, shall have the opportunity to
22 discredit or impeach and submit evidence rebutting such
23 evidence.
24 (Source: P.A. 85-981.)
25 (Text of Section after amendment by P.A. 89-507)
26 Sec. 27. Suspension for imminent danger. The Director of
27 the Department may, upon receipt of a written communication
28 from the Secretary of Human Services, the Director of Public
29 Aid, or the Director of Public Health that continuation of
30 practice of a person licensed under this Act constitutes an
31 immediate danger to the public, immediately suspend the
32 license of such person without a hearing. In instances in
33 which the Director immediately suspends a license under this
34 Section, a hearing upon such person's license must be
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1 convened by the Department within 30 15 days after such
2 suspension and completed without appreciable delay, such
3 hearing held to determine whether to recommend to the
4 Director that the person's license be revoked, suspended,
5 placed on probationary status or reinstated, or such person
6 be subject to other disciplinary action. In such hearing,
7 the written communication and any other evidence submitted
8 therewith may be introduced as evidence against such person;
9 provided, however, the person, or his or her counsel, shall
10 have the opportunity to discredit or impeach and submit
11 evidence rebutting such evidence.
12 (Source: P.A. 89-507, eff. 7-1-97.)
13 (225 ILCS 65/30) (from Ch. 111, par. 3530)
14 Sec. 30. Right to legal counsel. No action of a
15 disciplinary discliplinary nature that which is predicated on
16 charges alleging unethical or unprofessional conduct of a
17 person who is a registered professional nurse or a licensed
18 practical nurse and that which can be reasonably expected to
19 affect adversely that person's maintenance of her or his
20 present, or her or his securing of future, employment as such
21 a nurse may be taken by the Department, by any association,
22 or by any person unless the person against whom such charges
23 are made is afforded the right to be represented by legal
24 counsel of her or his choosing and to present any witness,
25 whether an attorney or otherwise to testify on matters
26 relevant to such charges.
27 (Source: P.A. 85-981.)
28 (225 ILCS 65/32) (from Ch. 111, par. 3532)
29 Sec. 32. Investigation; notice; hearing. Prior to
30 bringing an action before the Board Committee, the Department
31 may investigate the actions of any applicant or of any person
32 or persons holding or claiming to hold a license. The
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1 Department shall, before suspending, revoking, placing on
2 probationary status, or taking any other disciplinary action
3 as the Department may deem proper with regard to any license
4 or certificate, at least 30 days prior to the date set for
5 the hearing, notify the accused in writing of any charges
6 made and the time and place for a hearing of the charges
7 before the Board Committee, direct her or him to file a
8 written answer thereto to the Board Committee under oath
9 within 20 days after the service of such notice and inform
10 the licensee that if she or he fails to file such answer
11 default will be taken against the licensee and such license
12 or certificate may be suspended, revoked, placed on
13 probationary status, or have other disciplinary action,
14 including limiting the scope, nature or extent of her or his
15 practice, as the Department may deem proper taken with regard
16 thereto. Such written notice may be served by personal
17 delivery or certified or registered mail to the respondent at
18 the address of her or his last notification to the
19 Department. At the time and place fixed in the notice, the
20 Department shall proceed to hear the charges and the parties
21 or their counsel shall be accorded ample opportunity to
22 present such statements, testimony, evidence and argument as
23 may be pertinent to the charges or to the defense to the
24 charges thereto. The Department may continue a such hearing
25 from time to time. In case the accused person, after
26 receiving notice, fails to file an answer, her or his license
27 or certificate may in the discretion of the Director, having
28 received first the recommendation of the Board Committee, be
29 suspended, revoked, placed on probationary status, or the
30 Director may take whatever disciplinary action as he or she
31 may deem proper, including limiting the scope, nature, or
32 extent of said person's practice, without a hearing, if the
33 act or acts charged constitute sufficient grounds for such
34 action under this Act.
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1 (Source: P.A. 85-981.)
2 (225 ILCS 65/33) (from Ch. 111, par. 3533)
3 Sec. 33. Stenographer; transcript. The Department, at
4 its expense, shall provide a stenographer to take down the
5 testimony and preserve a record of all proceedings at the
6 hearing of any case wherein any disciplinary action is taken
7 regarding a license. The notice of hearing, complaint and
8 all other documents in the nature of pleadings and written
9 motions filed in the proceedings, the transcript of
10 testimony, the report of the Board Committee and the orders
11 of the Department shall be the record of the proceedings.
12 The Department shall furnish a transcript of the record to
13 any person interested in the hearing upon payment of the fee
14 required under Section 60f of the Civil Administrative Code
15 of Illinois.
16 (Source: P.A. 87-1031.)
17 (225 ILCS 65/35) (from Ch. 111, par. 3535)
18 Sec. 35. Subpoena power; oaths. The Department shall have
19 power to subpoena and bring before it any person in this
20 State and to take testimony, either orally or by deposition
21 or both, with the same fees and mileage and in the same
22 manner as prescribed by law in judicial proceedings in civil
23 cases in circuit courts of this State.
24 The Director, and any member of the Board Committee
25 designated by the Director, shall each have power to
26 administer oaths to witnesses at any hearing which the
27 Department is authorized to conduct under this Act, and any
28 other oaths required or authorized to be administered by the
29 Department under this Act hereunder.
30 (Source: P.A. 85-981.)
31 (225 ILCS 65/36) (from Ch. 111, par. 3536)
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1 Sec. 36. Board report. At the conclusion of the hearing
2 the Board committee shall present to the Director a written
3 report of its findings of fact, conclusions of law, and
4 recommendations. The report shall contain a finding whether
5 or not the accused person violated this Act or failed to
6 comply with the conditions required in this Act. The report
7 shall specify the nature of the violation or failure to
8 comply, and the Board Committee shall make its
9 recommendations to the Director.
10 The report of findings of fact, conclusions of law, and
11 recommendation of the Board committee shall be the basis for
12 the Department's order of refusal or for the granting of a
13 license or permit unless the Director shall determine that
14 the report is contrary to the manifest weight of the
15 evidence, in which case the Director may issue an order in
16 contravention of the report. The findings are not admissible
17 in evidence against the person in a criminal prosecution
18 brought for the violation of this Act, but the hearing and
19 findings are not a bar to a criminal prosecution brought for
20 the violation of this Act.
21 (Source: P.A. 85-981.)
22 (225 ILCS 65/37) (from Ch. 111, par. 3537)
23 Sec. 37. Hearing officer. The Director shall have the
24 authority to appoint an attorney duly licensed to practice
25 law in the State of Illinois to serve as the hearing officer
26 in any action before the Board Committee to revoke, suspend,
27 place on probation, reprimand, fine, or take any other
28 disciplinary action with regard to a license. The hearing
29 officer shall have full authority to conduct the hearing.
30 The Board Committee shall have the right to have at least one
31 member present at any hearing conducted by such hearing
32 officer. There may be present at least one RN member of the
33 Board Committee at any such hearing or disciplinary
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1 conference. An LPN member or LPN educator may be present for
2 hearings and disciplinary conferences of an LPN. The hearing
3 officer shall report her or his findings and recommendations
4 to the Board Committee within 30 days of the receipt of the
5 record. The Board Committee shall have 90 days from receipt
6 of the report to review the report of the hearing officer and
7 present their findings of fact, conclusions of law and
8 recommendations to the Director. If the Board Committee
9 fails to present its report within the 90-day period, the
10 Director may issue an order based on the report of the
11 hearing officer. However, if the Board Committee does
12 present its report within the specified 90 days, the
13 Director's order shall be based upon the report of the Board
14 Committee.
15 (Source: P.A. 85-981.)
16 (225 ILCS 65/38) (from Ch. 111, par. 3538)
17 Sec. 38. Motion for rehearing. In any case involving
18 refusal to issue, renew, or the discipline of a license, a
19 copy of the Board's Committee's report shall be served upon
20 the respondent by the Department, either personally or as
21 provided in this Act, for the service of the notice of
22 hearing. Within 20 days after such service, the respondent
23 may present to the Department a motion in writing for a
24 rehearing, which motion shall specify the particular grounds
25 for a rehearing therefor. If no motion for rehearing is
26 filed, then upon the expiration of the time then upon such
27 denial the Director may enter an order in accordance with
28 recommendations of the Board Committee except as provided in
29 Section 36 and 37 of this Act. If the respondent shall order
30 from the reporting service, and pay for a transcript of the
31 record within the time for filing a motion for rehearing, the
32 20 day period within which such a motion may be filed shall
33 commence upon the delivery of the transcript to the
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1 respondent.
2 (Source: P.A. 85-981.)
3 (225 ILCS 65/39) (from Ch. 111, par. 3539)
4 Sec. 39. Order for rehearing. Whenever the Director is
5 satisfied that substantial justice has not been done in the
6 revocation, suspension, or refusal to issue or renew a
7 license, the Director may order a hearing by the same or
8 another hearing officer or the Board Committee.
9 (Source: P.A. 85-981.)
10 (225 ILCS 65/40) (from Ch. 111, par. 3540)
11 Sec. 40. Order of Director. An order regarding any
12 disciplinary action, or a certified copy thereof over the
13 seal of the Department and purporting to be signed by the
14 Director shall be prima facie evidence that:
15 (a) such signature is the genuine signature of the
16 Director;
17 (b) that such Director is duly appointed and qualified;
18 and
19 (c) that the Board Committee and the Board members
20 thereof are qualified to act.
21 (Source: P.A. 85-981.)
22 (225 ILCS 65/42) (from Ch. 111, par. 3542)
23 Sec. 42. Surrender of license. Upon revocation or
24 suspension of any license or certificate, the licensee shall
25 forthwith surrender the license to the Department and if the
26 licensee fails to do so, the Department shall have the right
27 to seize the license.
28 (Source: P.A. 85-981.)
29 (225 ILCS 65/43) (from Ch. 111, par. 3543)
30 Sec. 43. Temporary suspension. The Director may
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1 temporarily suspend the license of a nurse without a hearing,
2 simultaneously with the institution of proceedings for a
3 hearing provided for in Section 32 of this Act, if the
4 Director finds that evidence in his or her possession
5 indicates that continuation in practice would constitute an
6 imminent danger to the public. In the event that the
7 Director suspends, temporarily, this license without a
8 hearing, a hearing by the Department must be held within 30
9 days after the such suspension has occurred, and be concluded
10 without appreciable delay.
11 Proceedings for judicial review shall be commenced in the
12 circuit court of the county in which the party applying for
13 review resides; but if the party is not a resident of this
14 State, the venue shall be in Sangamon County.
15 (Source: P.A. 85-981.)
16 (225 ILCS 65/47) (from Ch. 111, par. 3547)
17 Sec. 47. Pending actions. All licenses in effect on
18 December 31, 1987 and issued pursuant to the Illinois Nursing
19 Act, approved June 14, 1951, as amended, are reinstated for
20 the balance of the term for which last issued. All rules and
21 regulations in effect on December 31, 1987 and promulgated
22 pursuant to the Illinois Nursing Act, approved June 14, 1951,
23 as amended, shall remain in full force and effect on the
24 effective date of this Act without being promulgated again by
25 the Department, except to the extent any such rule or
26 regulation is inconsistent with any provision of this Act.
27 All disciplinary actions taken or pending pursuant to the
28 Illinois Nursing Act, approved June 14, 1951, as amended,
29 shall, for the actions taken, remain in effect, and for the
30 actions pending, shall be continued, on the effective date of
31 this Act without having separate actions filed by the
32 Department.
33 (Source: P.A. 85-981.)
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1 (225 ILCS 65/8 rep.)
2 (225 ILCS 65/9 rep.)
3 (225 ILCS 65/13 rep.)
4 (225 ILCS 65/15 rep.)
5 (225 ILCS 65/19 rep.)
6 Section 35. The Illinois Nursing Act of 1987 is amended
7 by repealing Sections 8, 9, 13, 15, and 19.
8 Section 40. The Nursing Home Administrators Licensing and
9 Disciplinary Act is amended by changing Sections 4, 5, 6, 7,
10 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24,
11 and 28 and by adding Sections 5.1, 20.1, and 24.1 as follows:
12 (225 ILCS 70/4) (from Ch. 111, par. 3654)
13 Sec. 4. Definitions.: For purposes of this Act, the
14 following definitions shall have the following meanings,
15 except where the context requires otherwise:
16 (1) 1. "Act" means the Nursing Home Administrators
17 Licensing and Disciplinary Act.;
18 (2) 2. "Department" means the Department of
19 Professional Regulation.;
20 (3) 3. "Director" means the Director of
21 Professional Regulation.;
22 (4) 4. "Board" means the Nursing Home
23 Administrators Licensing and Disciplinary Board appointed
24 by the Governor.;
25 (5) 5. "Nursing home administrator" means the
26 individual licensed under this Act and directly
27 responsible for planning, organizing, directing and
28 supervising the operation of a nursing home, or who in
29 fact performs such functions, whether or not such
30 functions are delegated to one or more other persons.;
31 (6) 6. "Nursing home" or "facility" means any
32 entity that which is required to be licensed by the
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1 Illinois Department of Public Health under the Nursing
2 Home Care Act, as amended, other than a "sheltered care
3 home" as defined thereunder, and includes private homes
4 home, institutions, buildings, residences, or other
5 places, whether operated for profit or not, irrespective
6 of the names attributed to them, county homes for the
7 infirm and chronically ill operated pursuant to the
8 County Nursing Home Act, as amended, and any similar
9 institutions operated by a political subdivision of the
10 State of Illinois that which provide, though their
11 ownership or management, maintenance, personal care, and
12 nursing for 3 or more persons, not related to the owner
13 by blood or marriage, or any similar facilities in which
14 maintenance is provided to 3 or more persons who by
15 reason of illness of physical infirmity require personal
16 care and nursing.;
17 (7) 7. "Maintenance" means food, shelter and
18 laundry.;
19 (8) 8. "Personal care" means assistance with meals,
20 dressing, movement, bathing, or other personal needs
21 need, or general supervision of the physical and mental
22 well-being of an individual who because of age, physical,
23 or mental disability, emotion or behavior disorder, or
24 mental retardation is incapable of managing his or her
25 person, whether or not a guardian has been appointed for
26 such individual. For the purposes of this Act, this
27 definition does not include the professional services of
28 a nurse.;
29 (9) 9. "Nursing" means professional nursing or
30 practical nursing as those terms are defined in the
31 Illinois Nursing Act of 1987, as amended, for sick or
32 infirm persons who are under the care and supervision of
33 licensed physicians or dentists.;
34 (10) 10. "Disciplinary action" means revocation,
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1 suspension, probation, supervision, reprimand, required
2 education, fines or any other action taken by the
3 Department against a person holding a license.;
4 (11) 11. "Impaired" means the inability to practice
5 with reasonable skill and safety due to physical or
6 mental disabilities as evidenced by a written
7 determination or written consent based on clinical
8 evidence including deterioration through the aging
9 process or loss of motor skill, or abuse of drugs or
10 alcohol, of sufficient degree to diminish a person's
11 ability to administer a nursing home.
12 (Source: P.A. 86-820.)
13 (225 ILCS 70/5) (from Ch. 111, par. 3655)
14 (Text of Section before amendment by P.A. 89-507)
15 Sec. 5. Board.
16 (a) There is hereby created the Nursing Home
17 Administrators Administrator's Licensing and Disciplinary
18 Board. The Board shall consist of 9 members appointed by the
19 Governor. All shall be residents of the State of Illinois.
20 Three members shall be representatives of the general public.
21 Six members shall be nursing home administrators who for at
22 least 5 years prior to their appointments were licensed under
23 this Act. The public members shall have no responsibility
24 for management or formation of policy of, nor any financial
25 interest in, nursing homes as defined in this Act, nor any
26 other connection with the profession. In appointing licensed
27 nursing home administrators, the Governor shall take into
28 consideration the recommendations of the nursing home
29 professional associations.
30 (b) Members Initial terms shall begin January 1, 1988.
31 Of the members of the Board first appointed, 3 shall be
32 appointed for terms of 2 years; 3 shall be appointed for
33 terms of 3 years, and 3 shall be appointed for terms of 4
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1 years. Upon the expiration of the term of any member, their
2 successor shall be appointed for a term of 4 years by the
3 Governor. The Governor shall fill any vacancy for the
4 remainder of the unexpired term. Any member of the Board may
5 be removed by the Governor for cause. Each member shall
6 serve on the Board until his or her their successor is
7 appointed and qualified. No member of the Board shall serve
8 more than 2 consecutive 4 year terms.
9 In making appointments the Governor shall attempt to
10 insure that the various geographic regions of the State of
11 Illinois are properly represented.
12 The Board in existence on the effective date of this Act
13 shall continue to exercise the powers and duties specified
14 under this Act until a successor Board is designated by the
15 Governor. The Governor shall designate the successor Board
16 within 90 days of the effective date of this Act.
17 (c) The Board shall annually elect one of its members as
18 chairperson and chairman, one as vice chairperson chairman
19 and one as secretary. No officer shall be elected more than
20 twice in succession to the same office. Each officer shall
21 serve until his or her their successor has been elected and
22 qualified.
23 (d) A majority of the Board members currently appointed
24 shall constitute a quorum Five members of the Board shall
25 constitute a quorum. A vacancy in the membership of the Board
26 shall not impair the right of a quorum to exercise all the
27 rights and perform all the duties of the Board. Any action
28 taken by the Board under this Act may be authorized by
29 resolution at any regular or special meeting and each such
30 resolution shall take effect immediately. The Board shall
31 meet at least quarterly. The Board is empowered to adopt all
32 rules and regulations necessary and incident to the powers
33 granted to it under this Act.
34 (e) Each member, and member-officer, of the Board shall
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1 receive a per diem stipend as the Director of the Department,
2 hereinafter referred to as the Director, shall determine.
3 Each member shall be paid their necessary expenses while
4 engaged in the performance of his or her their duties.
5 (f) (Blank) The Director shall select a Nursing Home
6 Administrator Coordinator who shall not be a member of the
7 Board. The Nursing Home Administrator coordinator shall be
8 the designated administrator of this Act.
9 The Director shall employ, in conformity with the
10 Personnel Code, not less than one investigator for every 5000
11 Nursing Home Administrators licensed in the State. Each
12 investigator shall be a college graduate with at least 2
13 years' investigative experience or be a licensed Nursing Home
14 Administrator for 2 years. Upon the written request of the
15 Board, the Director shall employ, in conformity with the
16 Personnel Code, such other professional, technical,
17 investigative, and clerical help, either on a full or
18 part-time basis as the Board deems necessary for the proper
19 performance of its duties.
20 (g) (Blank) Upon the written request of the Board or the
21 Nursing Home Administrator Coordinator, the Department of
22 Alcoholism and Substance Abuse or the Department of State
23 Police may cooperate and assist in any investigation
24 undertaken by the Board.
25 (h) Members of the Board shall be immune from suit in
26 any action based upon any disciplinary proceedings or other
27 acts performed in good faith as members of the Board.
28 (i) (Blank) The Board may compile and establish a
29 statewide roster of Nursing Home Administrators and other
30 associated field professionals, including the several medical
31 specialties, who have agreed to serve from time to time as
32 advisors to the Nursing Home Administrator Coordinator. Such
33 advisors shall assist the Nursing Home Administrator
34 Coordinator in investigations and participation in complaints
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1 against Nursing Home Administrators. Such advisors shall
2 serve under contract and shall be reimbursed at a rate set by
3 the Director for each and every day they shall be actually
4 advising the Nursing Home Administrator Coordinator, plus
5 reasonable expenses incurred. While serving in this
6 capacity, the advisor, for any act undertaken in good faith
7 and in the conduct of their duties under this Section, shall
8 be immune from civil suit.
9 The Department shall exercise the powers and duties
10 prescribed by the Civil Administrative Code of Illinois for
11 administration of licensing acts and shall exercise such
12 other powers and duties necessary for effectuating the
13 purpose of this Act. The Department shall promulgate rules
14 to implement, interpret, or make specific the provisions and
15 purposes of this Act; however no such rulemaking shall be
16 promulgated by the Department except upon the Board's written
17 approval.
18 (j) The Director shall give due consideration to all
19 recommendations of the Board. If the Director disagrees with
20 or takes action contrary to a recommendation of the Board, he
21 or she shall provide the Board with a written and specific
22 explanation of his or her action.
23 (Source: P.A. 85-932.)
24 (Text of Section after amendment by P.A. 89-507)
25 Sec. 5. Board.
26 (a) There is hereby created the Nursing Home
27 Administrators Administrator's Licensing and Disciplinary
28 Board. The Board shall consist of 9 members appointed by the
29 Governor. All shall be residents of the State of Illinois.
30 Three members shall be representatives of the general public.
31 Six members shall be nursing home administrators who for at
32 least 5 years prior to their appointments were licensed under
33 this Act. The public members shall have no responsibility
34 for management or formation of policy of, nor any financial
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1 interest in, nursing homes as defined in this Act, nor any
2 other connection with the profession. In appointing licensed
3 nursing home administrators, the Governor shall take into
4 consideration the recommendations of the nursing home
5 professional associations.
6 (b) Members Initial terms shall begin January 1, 1988.
7 Of the members of the Board first appointed, 3 shall be
8 appointed for terms of 2 years; 3 shall be appointed for
9 terms of 3 years, and 3 shall be appointed for terms of 4
10 years. Upon the expiration of the term of any member, their
11 successor shall be appointed for a term of 4 years by the
12 Governor. The Governor shall fill any vacancy for the
13 remainder of the unexpired term. Any member of the Board may
14 be removed by the Governor for cause. Each member shall
15 serve on the Board until his or her their successor is
16 appointed and qualified. No member of the Board shall serve
17 more than 2 consecutive 4 year terms.
18 In making appointments the Governor shall attempt to
19 insure that the various geographic regions of the State of
20 Illinois are properly represented.
21 The Board in existence on the effective date of this Act
22 shall continue to exercise the powers and duties specified
23 under this Act until a successor Board is designated by the
24 Governor. The Governor shall designate the successor Board
25 within 90 days of the effective date of this Act.
26 (c) The Board shall annually elect one of its members as
27 chairperson and chairman, one as vice chairperson chairman
28 and one as secretary. No officer shall be elected more than
29 twice in succession to the same office. Each officer shall
30 serve until his or her their successor has been elected and
31 qualified.
32 (d) A majority of the Board members currently appointed
33 shall constitute a quorum Five members of the Board shall
34 constitute a quorum. A vacancy in the membership of the Board
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1 shall not impair the right of a quorum to exercise all the
2 rights and perform all the duties of the Board. Any action
3 taken by the Board under this Act may be authorized by
4 resolution at any regular or special meeting and each such
5 resolution shall take effect immediately. The Board shall
6 meet at least quarterly. The Board is empowered to adopt all
7 rules and regulations necessary and incident to the powers
8 granted to it under this Act.
9 (e) Each member, and member-officer, of the Board shall
10 receive a per diem stipend as the Director of the Department,
11 hereinafter referred to as the Director, shall determine.
12 Each member shall be paid their necessary expenses while
13 engaged in the performance of his or her their duties.
14 (f) (Blank) The Director shall select a Nursing Home
15 Administrator Coordinator who shall not be a member of the
16 Board. The Nursing Home Administrator coordinator shall be
17 the designated administrator of this Act.
18 The Director shall employ, in conformity with the
19 Personnel Code, not less than one investigator for every 5000
20 Nursing Home Administrators licensed in the State. Each
21 investigator shall be a college graduate with at least 2
22 years' investigative experience or be a licensed Nursing Home
23 Administrator for 2 years. Upon the written request of the
24 Board, the Director shall employ, in conformity with the
25 Personnel Code, such other professional, technical,
26 investigative, and clerical help, either on a full or
27 part-time basis as the Board deems necessary for the proper
28 performance of its duties.
29 (g) (Blank) Upon the written request of the Board or the
30 Nursing Home Administrator Coordinator, the Department of
31 Human Services or the Department of State Police may
32 cooperate and assist in any investigation undertaken by the
33 Board.
34 (h) Members of the Board shall be immune from suit in
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1 any action based upon any disciplinary proceedings or other
2 acts performed in good faith as members of the Board.
3 (i) (Blank) The Board may compile and establish a
4 statewide roster of Nursing Home Administrators and other
5 associated field professionals, including the several medical
6 specialties, who have agreed to serve from time to time as
7 advisors to the Nursing Home Administrator Coordinator. Such
8 advisors shall assist the Nursing Home Administrator
9 Coordinator in investigations and participation in complaints
10 against Nursing Home Administrators. Such advisors shall
11 serve under contract and shall be reimbursed at a rate set by
12 the Director for each and every day they shall be actually
13 advising the Nursing Home Administrator Coordinator, plus
14 reasonable expenses incurred. While serving in this
15 capacity, the advisor, for any act undertaken in good faith
16 and in the conduct of their duties under this Section, shall
17 be immune from civil suit.
18 The Department shall exercise the powers and duties
19 prescribed by the Civil Administrative Code of Illinois for
20 administration of licensing acts and shall exercise such
21 other powers and duties necessary for effectuating the
22 purpose of this Act. The Department shall promulgate rules
23 to implement, interpret, or make specific the provisions and
24 purposes of this Act; however no such rulemaking shall be
25 promulgated by the Department except upon the Board's written
26 approval.
27 (j) The Director shall give due consideration to all
28 recommendations of the Board. If the Director disagrees with
29 or takes action contrary to the recommendation of the Board,
30 he or she shall provide the Board with a written and specific
31 explanation of his or her action.
32 (Source: P.A. 89-507, eff. 7-1-97.)
33 (225 ILCS 70/5.1 new)
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1 Sec. 5.1. Powers and duties; rules. The Department shall
2 exercise the powers and duties prescribed by the Civil
3 Administrative Code of Illinois for administration of
4 licensing acts and shall exercise such other powers and
5 duties necessary for effectuating the purposes of this Act.
6 The Department shall adopt rules to implement, interpret, or
7 make specific the provisions and purposes of this Act and may
8 prescribe forms that shall be issued in connection with
9 rulemaking. The Department shall transmit the proposed
10 rulemaking to the Board.
11 The Department may solicit the advice of the Board on any
12 matter relating to the administration and enforcement of this
13 Act.
14 The Director shall employ, in conformity with the
15 Personnel Code, professional, technical, investigative, and
16 clerical help on a full-time or part-time basis as necessary
17 for the proper performance of its duties.
18 Upon the written request of the Department, the
19 Department of Human Services or the Department of State
20 Police may cooperate and assist in any investigation
21 undertaken by the Board.
22 (225 ILCS 70/6) (from Ch. 111, par. 3656)
23 Sec. 6. Application procedure. Applications for original
24 licenses shall be made to the Department in writing on forms
25 prescribed by the Department and shall be accompanied by the
26 required fee, which shall not be refundable. The Any such
27 application shall require such information as in the judgment
28 of the Department will enable the Department Board to pass on
29 the qualifications of the applicant for a license.
30 (Source: P.A. 85-932.)
31 (225 ILCS 70/7) (from Ch. 111, par. 3657)
32 Sec. 7. Examination. The Department shall authorize
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1 examinations of applicants as nursing home administrators at
2 such times and places as it may determine. Examinations shall
3 be held not less frequently than 2 times every year. The
4 examination of applicants shall be of a character to give a
5 fair test of the qualifications of the applicant to practice
6 nursing home administration.
7 Applicants for examination as nursing home administrators
8 shall be required to pay, either to the Department or the
9 designated testing service, a fee covering the cost of
10 providing the examination. Failure to appear for the
11 examination on the scheduled date, at the time and place
12 specified, after the applicant's application for examination
13 has been received and acknowledged by the Department or the
14 designated testing service, shall result in the forfeiture of
15 the examination fee.
16 If an applicant neglects, fails or refuses to take an
17 examination or fails to pass an examination for a license
18 under this Act within 3 years after filing his or her
19 licensure application, the application shall be denied and
20 the examination shall be void. However, such applicant may
21 thereafter make a new application for examination accompanied
22 by the required fee, and must furnish proof of meeting
23 qualifications for examination in effect at the time of new
24 application.
25 An applicant shall have one year from the date of
26 notification of successful completion of the examination to
27 apply to the Department for a license. If an applicant fails
28 to apply within one year, the applicant shall be required to
29 again take and pass the examination.
30 The Department may employ consultants for the purpose of
31 preparing and conducting examinations.
32 (Source: P.A. 85-932.)
33 (225 ILCS 70/8) (from Ch. 111, par. 3658)
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1 Sec. 8. Qualifications for license. A person is
2 qualified to receive a license as a nursing home
3 administrator:
4 (a) who is at least 21 years of age,
5 (b) who has not engaged in conduct or behavior
6 determined to be grounds for discipline under this Act,
7 (c) who is in sound physical and mental health,
8 (d) (blank),
9 (e) who is a graduate of a college or university
10 deemed reputable and in good standing by the Department,
11 or who has satisfactorily completed a course of
12 instruction approved by the Department containing
13 subjects embracing the laws governing the operation of
14 nursing homes, the protection of the health and safety of
15 patients in nursing homes and the elements of sound
16 nursing home administration, or who presents evidence to
17 the Department of education, training and experience
18 deemed by the Department to be equivalent to of either of
19 the above,
20 (f) who passes a written examination conducted by
21 the Department to determine his or her fitness to receive
22 a license as a nursing home administrator, and
23 (g) who pays the required fee.
24 (Source: P.A. 89-387, eff. 8-20-95.)
25 (225 ILCS 70/9) (from Ch. 111, par. 3659)
26 Sec. 9. Temporary license without examination. The
27 Department may in its discretion issue without examination a
28 temporary license as a nursing home administrator to any
29 applicant who furnishes the Department with satisfactory
30 proof under oath, on forms prescribed by the Department, that
31 he or she:
32 (a) is at least 21 years of age,
33 (b) who has not engaged in conduct or behavior
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1 determined to be grounds for discipline under this Act,
2 (c) is in sound physical and mental health,
3 (d) (blank) is a citizen of the United States or is
4 a lawfully admitted alien,
5 (e) is a graduate of a college or university deemed
6 reputable and in good standing by the Department, or who
7 has satisfactorily completed a course of instruction
8 approved by the Department containing subjects embracing
9 the laws governing the operation of nursing homes, the
10 protection of the health and safety of patients in
11 nursing homes and the elements of sound nursing home
12 administration, or who presents evidence to the
13 Department of education, training, and experience deemed
14 by the Department to be equivalent to either of the
15 above,
16 (f) (g) has been accepted or appointed as a nursing
17 home administrator in a facility licensed to provide
18 nursing care by the Illinois Department of Public Health,
19 and
20 (g) (h) pays the required fee.
21 The applicant shall indicate the beginning date of the
22 period for which he or she has been accepted or appointed,
23 and shall specify the particular facility in which he or she
24 will serve as administrator.
25 After receiving a temporary license under this Section,
26 the holder of a temporary license shall take the examination
27 for a license under this Act that is scheduled to be given
28 before his or her temporary license expires. The temporary
29 license of an individual who passes the examination shall be
30 valid until he or she applies for and receives a license
31 under Section 7 of this Act.
32 Temporary licenses issued pursuant to this Section shall
33 be valid only for a period of one year from date of issuance.
34 A temporary license issued under this Section may be extended
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1 only for one additional one-year period if the applicant took
2 the examination during the period of his or her temporary
3 license. The applicant shall retake the examination prior to
4 the expiration of the extended temporary license. The holder
5 of a temporary license shall be entitled to serve as a
6 nursing home administrator in the particular facility
7 indicated on his or her application, but he or she shall not
8 be entitled to engage in the practice of nursing home
9 administration in any other facility without first applying
10 to the Department and having been granted an amended
11 temporary license designating a different facility.
12 Upon the termination of his or her service or the lapse
13 or revocation of his or her license, whichever is sooner, the
14 holder of a temporary license shall surrender it to the
15 Department.
16 A temporary license may be revoked by the Department upon
17 proof that the holder has engaged in the practice of nursing
18 home administration in this State in a facility not named on
19 his or her application.
20 An applicant for a temporary license as a nursing home
21 administrator may act as a nursing home administrator for a
22 period of up to 60 days prior to the issuance of a license if
23 the applicant has submitted the required fee and an
24 application for licensure to the Department. This 60-day
25 period may be extended until the next Board meeting if action
26 by the Board is required. The applicant shall keep a copy of
27 the submitted application on the premises where the applicant
28 is engaged in the practice as a nursing home administrator.
29 The authority to practice shall terminate immediately
30 upon the denial of licensure by the Department or the
31 withdrawal of the application.
32 (Source: P.A. 89-197, eff. 7-21-95.)
33 (225 ILCS 70/10) (from Ch. 111, par. 3660)
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1 Sec. 10. License requirement. It shall be unlawful for
2 any person to operate or manage a nursing home in the State
3 of Illinois unless he or she is licensed as a nursing home
4 administrator in accordance with this Act.
5 The practice of nursing home administration, or the use
6 of the title "Licensed Nursing Home Administrator", the
7 initials "N.H.A." or any other word or abbreviation
8 indicating that he or she is a nursing home administrator, by
9 any person who has not been issued a license or whose license
10 has been suspended or revoked is hereby declared to be
11 inimical to public health and welfare and to constitute a
12 public nuisance.
13 Nothing in this Act or in the rules adopted hereunder
14 shall require an administrator of any facility or institution
15 operated solely by and for persons who rely exclusively upon
16 treatment by spiritual means through prayer alone, in
17 accordance with the creed or tenets of any well-recognized
18 church or religious denomination, to be licensed as a nursing
19 home administrator.
20 (Source: P.A. 86-130.)
21 (225 ILCS 70/11) (from Ch. 111, par. 3661)
22 Sec. 11. Expiration; renewal; continuing education. The
23 expiration date and renewal period for each license issued
24 under this Act shall be set by rule.
25 Each licensee shall provide proof of having obtained 36
26 hours of continuing education in the 2 year period preceding
27 the renewal date of the license as a condition of license
28 renewal. The continuing education requirement may be waived
29 in part or in whole for such good cause as may be determined
30 by rule.
31 Any continuing education course for nursing home
32 administrators approved by the National Continuing Education
33 Review Service of the National Association of Boards of
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1 Examiners of Nursing Home Administrators will be accepted
2 toward toward satisfaction of these requirements.
3 Any continuing education course for nursing home
4 administrators sponsored by the Life Services Network of
5 Illinois Illinois Association of Homes for the Aging,
6 Illinois Council on Long Term Care, County Nursing Home
7 Association of Illinois, Illinois Health Care Association,
8 Illinois Chapter of American College of Health Care
9 Administrators, and the Illinois Nursing Home Administrators
10 Association will be accepted toward satisfaction of these
11 requirements.
12 Any school, college or university, State agency, or other
13 entity may apply to the Department Board for approval as a
14 continuing education sponsor. Criteria for qualification as a
15 continuing education sponsor shall be established by rule.
16 It shall be the responsibility of each continuing
17 education sponsor to maintain records, as prescribed by rule,
18 to verify attendance.
19 The Department shall establish by rule a means for the
20 verification of completion of the continuing education
21 required by this Section. This verification may be
22 accomplished through audits of records maintained by
23 registrants; by requiring the filing of continuing education
24 certificates with the Department; or by other means
25 established by the Department.
26 Any nursing home administrator who has permitted his or
27 her license to expire or who has had his or her license on
28 inactive status may have his or her license restored by
29 making application to the Department and filing proof
30 acceptable to the Department of his or her fitness to have
31 his or her license restored and by paying the required fee.
32 Proof of fitness may include evidence certifying to active
33 lawful practice in another jurisdiction satisfactory to the
34 Department and by paying the required restoration fee.
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1 However, any nursing home administrator whose license
2 expired while he or she was (1) in federal service on active
3 duty with the Armed Forces of the United States, or the State
4 Militia called into service or training, or (2) in training
5 or education under the supervision of the United States
6 preliminary to induction into the military services, may have
7 his or her license renewed or restored without paying any
8 lapsed renewal fees if within 2 years after honorable
9 termination of such service, training or education, he or she
10 furnishes the Department with satisfactory evidence to the
11 effect that he or she has been so engaged and that his or her
12 service, training or education has been so terminated.
13 (Source: P.A. 86-1472; 87-546.)
14 (225 ILCS 70/12) (from Ch. 111, par. 3662)
15 Sec. 12. Inactive status. Any nursing home administrator
16 who notifies the Department in writing on forms prescribed by
17 the Department, may elect to place his or her license on an
18 inactive status and shall, subject to rules of the
19 Department, be excused from payment of renewal fees and the
20 completion of continuing education requirements until he or
21 she notifies the Department in writing of his or her intent
22 to restore his or her license.
23 Any nursing home administrator requesting restoration
24 from inactive status shall be required to pay the current
25 renewal fee and shall be required to restore his or her
26 license, as provided by rule of the Department.
27 Any nursing home administrator whose license is in an
28 inactive status shall not practice as a nursing home
29 administrator in the State of Illinois.
30 Any licensee who shall practice as a nursing home
31 administrator while his or her license is lapsed or on
32 inactive status shall be considered to be practicing without
33 a license which shall be grounds for discipline under Section
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1 17 of this Act.
2 (Source: P.A. 85-932.)
3 (225 ILCS 70/13) (from Ch. 111, par. 3663)
4 Sec. 13. Endorsement. The Department may, in its
5 discretion, license as a nursing home administrator, without
6 examination, on payment of the required fee, an applicant who
7 is so licensed under the laws of another U.S. jurisdiction,
8 if the requirements for licensure in the other jurisdiction
9 in which the applicant was licensed, were, at the date of his
10 or her licensure, substantially equivalent to the
11 requirements then in force in this State; or if the
12 applicant's qualifications were, at the date of his or her
13 licensure in the other jurisdiction, substantially equivalent
14 to the requirements then in force in this State.
15 Notwithstanding the provisions of this Section, all
16 applicants seeking licensure under this Section shall be
17 required to take and pass an examination testing the
18 applicant's knowledge of Illinois law relating to the
19 practice of nursing home administration.
20 Applicants have 3 years from the date of application to
21 complete the application process. If the process has not
22 been completed in 3 years, the application shall be denied,
23 the fee shall be forfeited, and the applicant must reapply
24 and meet the requirements in effect at the time of
25 reapplication.
26 (Source: P.A. 86-596.)
27 (225 ILCS 70/14) (from Ch. 111, par. 3664)
28 Sec. 14. Fees.
29 (a) Except as provided in subsection (b), the fees for
30 the administration and enforcement of this Act, including but
31 not limited to original licensure, renewal, and restoration
32 fees, shall be set by rule of the Department. The following
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1 fees shall are not be refundable.
2 1. The fee for application for a license is $100.
3 (b) Applicants 2. In addition, applicants for any
4 examination shall be required to pay, either to the
5 Department or to the designated testing service, a fee
6 covering the cost of determining the applicant's eligibility
7 and providing the examination. Failure to appear for the
8 examination on the scheduled date, the time, and place
9 specified, after the applicant's application for examination
10 has been received and acknowledged by the Department or the
11 designated testing service, shall result in the forfeiture of
12 the examination fee.
13 3. The fee for a license for a nursing home
14 administrator registered or licensed under the laws of
15 another U.S. jurisdiction is $150.
16 4. The fee for the renewal of a license shall be
17 calculated at the rate of $50 per year.
18 5. The fee for the restoration of a license other than
19 from inactive status is $10 plus payment of all lapsed
20 renewal fees.
21 6. The fee to be paid by an applicant for a temporary
22 license as provided under Section 9 of this Act is $75.
23 7. The fee for the issuance of a duplicate license, for
24 the issuance of a replacement license for a license which has
25 been lost or destroyed or for the issuance of a license with
26 a change of name or address other than during the renewal
27 period is $20.
28 8. The fee to be paid for a certification of a
29 licensee's record for any purpose is $20.
30 9. The fee to be paid to have the scoring of an
31 examination administered by the Department reviewed and
32 verified is $20 in addition to the fee required by the
33 testing service.
34 10. The fee by a licensee for a wall certificate showing
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1 his licensure shall be the actual cost of producing such
2 certificate.
3 11. The fee for a roster of persons licensed as nursing
4 home administrators in this State shall be the actual cost of
5 producing such a roster.
6 12. The annual fee for continuing education sponsors is
7 $500, however State agencies, colleges and universities shall
8 be exempt from the payment of this fee.
9 (Source: P.A. 85-932.)
10 (225 ILCS 70/15) (from Ch. 111, par. 3665)
11 Sec. 15. Returned checks; fines. Any person who delivers
12 a check or other payment to the Department that is returned
13 to the Department unpaid by the financial institution upon
14 which it is drawn shall pay to the Department, in addition to
15 the amount already owed to the Department, a fine of $50. If
16 the check or other payment was for a renewal or issuance fee
17 and that person practices without paying the renewal fee or
18 issuance fee and the fine due, an additional fine of $100
19 shall be imposed. The fines imposed by this Section are in
20 addition to any other discipline provided under this Act for
21 unlicensed practice or practice on a nonrenewed license. The
22 Department shall notify the person that payment of fees and
23 fines shall be paid to the Department by certified check or
24 money order within 30 calendar days of the notification. If,
25 after the expiration of 30 days from the date of the
26 notification, the person has failed to submit the necessary
27 remittance, the Department shall automatically terminate the
28 license or certificate or deny the application, without
29 hearing. If, after termination or denial, the person seeks a
30 license or certificate, he or she shall apply to the
31 Department for restoration or issuance of the license or
32 certificate and pay all fees and fines due to the Department.
33 The Department may establish a fee for the processing of an
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1 application for restoration of a license or certificate to
2 pay all expenses of processing this application. The Director
3 may waive the fines due under this Section in individual
4 cases where the Director finds that the fines would be
5 unreasonable or unnecessarily burdensome.
6 (Source: P.A. 86-596; 87-1031.)
7 (225 ILCS 70/17) (from Ch. 111, par. 3667)
8 Sec. 17. Grounds for disciplinary action.
9 (a) The Department may impose fines not to exceed
10 $1,000, or may refuse to issue or to renew, or may revoke,
11 suspend, place on probation, censure, reprimand or take other
12 disciplinary action with regard to the license of any person,
13 for any one or combination of the following causes:
14 (1) 1. Intentional material misstatement in
15 furnishing information to the Department.
16 (2) 2. Conviction of any crime under the laws of
17 the United States or any state or territory thereof that
18 which is a felony or which is a misdemeanor of which, an
19 essential element of which is dishonesty, or of any crime
20 that which is directly related to the practice of the
21 profession of nursing home administration.
22 (3) 3. Making any misrepresentation for the purpose
23 of obtaining a license licenses, or violating any
24 provision of this Act.
25 (4) 4. Immoral conduct in the commission of any
26 act, such as sexual abuse or sexual misconduct, related
27 to the licensee's practice.
28 (5) 5. Failing to respond within 60 days, to a
29 written request made by the Department for information
30 after consultation with the Nursing Home Administrator
31 Coordinator.
32 (6) 6. Engaging in dishonorable, unethical or
33 unprofessional conduct of a character likely to deceive,
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1 defraud or harm the public.
2 (7) 7. Habitual use or addiction to alcohol,
3 narcotics, stimulants, or any other chemical agent or
4 drug which results in the inability to practice with
5 reasonable judgment, skill or safety.
6 (8) 8. Discipline by another U.S. jurisdiction if
7 at least one of the grounds for the discipline is the
8 same or substantially equivalent to those set forth
9 herein.
10 (9) 9. A finding by the Department that the
11 licensee, after having his or her license placed on
12 probationary status has violated the terms of probation.
13 (10) 10. Willfully making or filing false records
14 or reports in his or her practice, including but not
15 limited to false records filed with State agencies or
16 departments.
17 (11) 11. Physical illness, including but not
18 limited to, deterioration through the aging process, or
19 loss of motor skill that which results in the inability
20 to practice the profession with reasonable judgment,
21 skill or safety.
22 (12) 12. Disregard or violation of this Act or of
23 any rule or regulation issued pursuant to this Act
24 thereto.
25 (13) 13. Aiding or abetting another in the
26 violation of this Act or any rule or regulation issued
27 pursuant to this Act thereto.
28 (14) 14. Allowing one's license to be used by an
29 unlicensed person.
30 (15) 15. Conviction of any crime an essential
31 element of which is misstatement, fraud or dishonesty, or
32 conviction in this State or another state of any crime
33 that which is a felony under the laws of this State or
34 conviction of a felony in a federal court.
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1 (16) 16. Professional incompetence in the practice
2 of nursing home administration.
3 (17) 17. Conviction of a violation of Section 12-19
4 of the Criminal Code of 1961 for the abuse and gross
5 neglect of a long term care facility resident.
6 (18) 18. Violation of the Nursing Home Care Act or
7 of any rule issued under the Nursing Home Care Act.
8 All proceedings to suspend, revoke, place on probationary
9 status, or take any other disciplinary action as the
10 Department may deem proper, with regard to a license on any
11 of the foregoing grounds, must be commenced within 3 years
12 next after receipt by the Department of (i) a complaint
13 alleging the commission of or notice of the conviction order
14 for any of the acts described herein or (ii) a referral for
15 investigation under Section 3-108 of the Nursing Home Care
16 Act.
17 The entry of an order or judgment by any circuit court
18 establishing that any person holding a license under this Act
19 is a person in need of mental treatment operates as a
20 suspension of that license. That person may resume their
21 practice only upon the entry of a Department order based upon
22 a finding by the Board that they have been determined to be
23 recovered from mental illness by the court and upon the
24 Board's recommendation that they be permitted to resume their
25 practice.
26 The Department, upon the recommendation of the Board,
27 shall adopt rules which set forth standards to be used in
28 determining what constitutes:
29 (a) when a person will be deemed sufficiently
30 rehabilitated to warrant the public trust;
31 (b) dishonorable, unethical or unprofessional
32 conduct of a character likely to deceive, defraud, or
33 harm the public;
34 (c) immoral conduct in the commission of any act
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1 related to the licensee's practice; and
2 (d) professional incompetence in the practice of
3 nursing home administration.
4 However, no such rule shall be admissible into evidence
5 in any civil action except for review of a licensing or other
6 disciplinary action under this Act.
7 In enforcing this Section, the Department or Board, upon
8 a showing of a possible violation of paragraph 7 or 11, of
9 subsection (a), of Section 17, may compel any individual
10 licensed to practice under this Act, or who has applied for
11 licensure pursuant to this Act, to submit to a mental or
12 physical examination, or both, as required by and at the
13 expense of the Department. The examining physician or
14 physicians shall be those specifically designated by the
15 Department or Board. The Department or Board may order the
16 examining physician to present testimony concerning this
17 mental or physical examination of the licensee or applicant.
18 No information shall be excluded by reason of any common law
19 or statutory privilege relating to communications between the
20 licensee or applicant and the examining physician. The
21 individual to be examined may have, at his or her own
22 expense, another physician of his or her choice present
23 during all aspects of the examination. Failure of any
24 individual to submit to mental or physical examination, when
25 directed, shall be grounds for suspension of his or her
26 license until such time as the individual submits to the
27 examination if the Department Board finds, after notice and
28 hearing, that the refusal to submit to the examination was
29 without reasonable cause.
30 If the Department or Board finds an individual a Nursing
31 Home Administrator unable to practice because of the reasons
32 set forth in this Section, the Department or Board shall
33 require such individual to submit to care, counseling, or
34 treatment by physicians approved or designated by the
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1 Department or Board, as a condition, term, or restriction for
2 continued, reinstated, or renewed licensure to practice; or
3 in lieu of care, counseling, or treatment, the Department may
4 file, or the Board may recommend to the Department to file, a
5 complaint to immediately suspend, revoke, or otherwise
6 discipline the license of the individual. Any individual
7 Administrator, whose license was granted pursuant to this
8 Act, or, continued, reinstated, renewed, disciplined or
9 supervised, subject to such terms, conditions or restrictions
10 who shall fail to comply with such terms, conditions or
11 restrictions, or to complete a required program of care,
12 counseling, or treatment, as determined by the Nursing Home
13 Administrator Coordinator, shall be referred to the Director
14 for a determination as to whether the licensee shall have his
15 or her their license suspended immediately, pending a hearing
16 by the Department Board. In instances in which the Director
17 immediately suspends a license under this Section, a hearing
18 upon such person's license must be convened by the Board
19 within 15 days after such suspension and completed without
20 appreciable delay. The Department and Board shall have the
21 authority to review the subject administrator's record of
22 treatment and counseling regarding the impairment, to the
23 extent permitted by applicable federal statutes and
24 regulations safeguarding the confidentiality of medical
25 records.
26 An individual licensed under this Act, affected under
27 this Section, shall be afforded an opportunity to demonstrate
28 to the Department or Board that he or she they can resume
29 practice in compliance with acceptable and prevailing
30 standards under the provisions of his or her their license.
31 (b) Immunity from prosecution. Any individual or
32 organization acting in good faith, and not in a wilful and
33 wanton manner, in complying with this Act by providing any
34 report or other information to the Department Board, or
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1 assisting in the investigation or preparation of such
2 information, or by participating in proceedings of the
3 Department Board, or by serving as a member of the Board,
4 shall not, as a result of such actions, be subject to
5 criminal prosecution or civil damages.
6 (c) Indemnification. Members of the Board, and persons
7 retained under contract to assist and advise the Nursing Home
8 Administrator Coordinator in an investigation, shall be
9 indemnified by the State for any actions occurring within the
10 scope of services on or for the Board, done in good faith and
11 not wilful and wanton in nature. The Attorney General shall
12 defend all such actions unless he or she determines either
13 that there would be a conflict of interest in such
14 representation or that the actions complained of were not in
15 good faith or were wilful and wanton.
16 Should the Attorney General decline representation, a
17 person entitled to indemnification under this Section shall
18 have the right to employ counsel of his or her choice, whose
19 fees shall be provided by the State, after approval by the
20 Attorney General, unless there is a determination by a court
21 that the member's actions were not in good faith or were
22 wilful and wanton.
23 A person entitled to indemnification under this Section
24 must notify the Attorney General within 7 days of receipt of
25 notice of the initiation of any action involving services of
26 the Board. Failure to so notify the Attorney General shall
27 constitute an absolute waiver of the right to a defense and
28 indemnification.
29 The Attorney General shall determine within 7 days after
30 receiving such notice, whether he or she will undertake to
31 represent a person entitled to indemnification under this
32 Section.
33 (d) The determination by a circuit court that a licensee
34 is subject to involuntary admission or judicial admission as
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1 provided in the "Mental Health and Developmental Disabilities
2 Code", as amended, operates as an automatic suspension. Such
3 suspension will end only upon a finding by a court that the
4 patient is no longer subject to involuntary admission or
5 judicial admission and issues an order so finding and
6 discharging the patient; and upon the recommendation of the
7 Board to the Director that the licensee be allowed to resume
8 his or her practice.
9 (e) The Department may refuse to issue or may suspend
10 the license certificate of any person who fails to file a
11 return, or to pay the tax, penalty or interest shown in a
12 filed return, or to pay any final assessment of tax, penalty
13 or interest, as required by any tax Act administered by the
14 Illinois Department of Revenue, until such time as the
15 requirements of any such tax Act are satisfied.
16 (f) The Illinois Department of Public Health shall
17 transmit to the Department a list of those facilities which
18 receive an "A" violation as defined in Section 1-129 of the
19 Nursing Home Care Act.
20 (Source: P.A. 89-197, eff. 7-21-95.)
21 (225 ILCS 70/18) (from Ch. 111, par. 3668)
22 Sec. 18. Cease and desist order.
23 (a) If any person who is not a licensed nursing home
24 administrator violates a the provision of this Act, the
25 Director may, in the name of the People of the State of
26 Illinois, through the Attorney General of the State of
27 Illinois or the State's Attorney of any county in which the
28 action is brought, petition, for an order enjoining such
29 violation or for an order enforcing compliance with this Act.
30 Upon the filing of a verified petition in court, the court
31 may issue a temporary restraining order, without notice or
32 bond, and may preliminarily and permanently enjoin such
33 violation., and If it is established that such person has
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1 violated or is violating the injunction, the Court may punish
2 the offender for contempt of court. Proceedings under this
3 Section shall be in addition to, and not in lieu of, all
4 other remedies and penalties provided by this Act.
5 (b) If any person shall practice as a nursing home
6 administrator or hold himself or herself out as a nursing
7 home administrator without being licensed under the
8 provisions of this Act, then any licensed nursing home
9 administrator, any interested party, or any person injured
10 thereby may, in addition to the Director, petition for relief
11 as provided in subsection (a) of this Section.
12 Whoever knowingly practices or offers to practice nursing
13 home administration in this State without being licensed for
14 that purpose shall be guilty of a Class A misdemeanor and for
15 each subsequent conviction, shall be guilty of a Class 4
16 felony.
17 (c) Whenever in the opinion of the Department any person
18 not licensed in good standing violates any provision of this
19 Act, the Department may issue a rule to show cause why an
20 order to cease and desist should not be entered against him
21 or her. The rule shall clearly set forth the grounds relied
22 upon by the Department and shall provide a period of 7
23 working days from the date of the rule to file an answer to
24 the satisfaction of the Department. Failure to answer to the
25 satisfaction of the Department shall cause an order to cease
26 and desist to be issued immediately forthwith.
27 (Source: P.A. 85-932.)
28 (225 ILCS 70/19) (from Ch. 111, par. 3669)
29 Sec. 19. Investigation; hearing notification. Upon the
30 motion of either the Department or the Board or upon the
31 verified complaint in writing of any person setting forth
32 facts that which, if proven, would constitute grounds for
33 suspension or revocation under Section 17 of this Act, the
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1 Department shall investigate the actions of any person, so
2 accused, who holds or represents that he or she holds they
3 hold a license. Such a person is hereinafter called the
4 accused.
5 The Department shall, before suspending, revoking,
6 placing on probationary status, or taking any other
7 disciplinary action as the Department may deem proper with
8 regard to any license at least 30 days prior to the date set
9 for the hearing, notify the accused in writing of any charges
10 made and the time and place for a hearing of the charges
11 before the Board, direct them to file their written answer to
12 such notice thereto to the Board under oath within 30 days
13 after the service on them of such notice and inform them that
14 if they fail to file such answer default will be taken
15 against them and their license may be suspended, revoked,
16 placed on probationary status, or have other disciplinary
17 action, including limiting the scope, nature or extent of
18 their practice, as the Department may deem proper taken with
19 regard thereto.
20 Such written notice and any notice in such proceedings
21 thereafter may be served by delivery of the same, personally,
22 to the accused person, or by mailing the same by registered
23 or certified mail to the address last theretofore specified
24 by the accused in their last notification to the Department.
25 (Source: P.A. 85-932.)
26 (225 ILCS 70/20) (from Ch. 111, par. 3670)
27 Sec. 20. Board hearing; recommendation. At the time and
28 place fixed in the notice, the Board provided for in this Act
29 shall proceed to hear the charges and both the accused person
30 and the complainant shall be accorded ample opportunity to
31 present in person, or by counsel, such statements, testimony,
32 evidence and argument as may be pertinent to the charges or
33 to any defense thereto. The Board may continue such hearing
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1 from time to time. If the Board is not sitting at the time
2 and place fixed in the notice or at the time and place to
3 which the hearing has been continued, the Department shall
4 continue such hearing for a period not to exceed 30 days.
5 In case the accused person, after receiving notice, fails
6 to file an answer, the Board may recommend that his or her
7 license be suspended, revoked or placed on probationary
8 status, or the Board may recommend whatever disciplinary
9 action as it may deem proper, without a hearing, if the act
10 or acts charged constitute sufficient grounds for such action
11 under this Act.
12 The Board has the authority to recommend to the Director
13 that probation be granted or that other disciplinary action,
14 be taken as it deems proper. If disciplinary action, other
15 than suspension or revocation, is taken the Board may
16 recommend that the Director impose reasonable limitations and
17 requirements upon the accused registrant to insure compliance
18 with the terms of the probation or other disciplinary action,
19 including, but not limited to, regular reporting by the
20 accused to the Department of their actions, placing
21 themselves under the care of a qualified physician for
22 treatment, or limiting their practice in such manner as the
23 Director may require.
24 The Director, after consultation with the Nursing Home
25 Administrator Coordinator, may temporarily suspend the
26 license of a nursing home administrator without a hearing,
27 simultaneously with the institution of proceedings for a
28 hearing provided under this Section if the Director finds
29 that evidence in his or her possession indicates that an
30 administrator's continuation in practice would constitute an
31 immediate danger to the public. If the Director suspends,
32 temporarily, the license of an administrator without a
33 hearing, a hearing by the Board shall be held within 15 days
34 after such suspension has occurred and shall be concluded
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1 without appreciable delay.
2 (Source: P.A. 85-932.)
3 (225 ILCS 70/20.1 new)
4 Sec. 20.1. Summary suspension. The Director may summarily
5 suspend the license of a nursing home administrator without a
6 hearing, simultaneously with the institution of proceedings
7 for a hearing provided under this Section if the Director
8 finds that evidence in his or her possession indicates that
9 an administrator's continuation in practice would constitute
10 an immediate danger to the public. If the Director summarily
11 suspends the license of an administrator without a hearing, a
12 hearing shall be held within 30 days after the suspension has
13 occurred.
14 (225 ILCS 70/21) (from Ch. 111, par. 3671)
15 Sec. 21. Appointment of hearing officer. The Director
16 shall have the authority to appoint an attorney duly licensed
17 to practice law in the State of Illinois to serve as the
18 hearing officer in any action for refusal to issue, renew, or
19 discipline a license before the Board to suspend, revoke,
20 place on probationary status, or take any other disciplinary
21 action with regard to a license. The hearing officer shall
22 have full authority to conduct the hearing. There shall be
23 present at least one member of the Board at any such hearing.
24 The hearing officer shall report his or her findings of fact,
25 conclusions of law, and recommendations to the Board within
26 30 days of the receipt of the record. The Board shall have 60
27 90 days after from receipt of the report to review the report
28 of the hearing officer and present its their findings of
29 fact, conclusions of law, and recommendations to the
30 Director. If the Board fails to present its report within the
31 60 90 day period, the Director may issue an order based on
32 the report of the hearing officer. However, if the Board
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1 does present its report within the specified 60 90 days, the
2 Director's order shall be based upon the report of the Board.
3 If the Director disagrees with the recommendation of the
4 Board or the hearing officer, the Director may issue an order
5 in contravention of the Board's report. The Director shall
6 promptly provide a written explanation to the Board on any
7 such disagreement.
8 (Source: P.A. 85-932.)
9 (225 ILCS 70/22) (from Ch. 111, par. 3672)
10 Sec. 22. Subpoena power. The Board or Department has
11 power to subpoena and bring before it any person in this
12 State and to take testimony either orally or by deposition,
13 or both, with the same fees and mileage and in the same
14 manner as is prescribed by law for judicial proceedings in
15 civil cases.
16 The Department Board, upon a determination that probable
17 cause exists that a violation of one or more of the grounds
18 for discipline listed in Section 17 has occurred or is
19 occurring, may subpoena the records of an individual licensed
20 under this Act, provided, that prior to the submission of
21 such records to the Board, all information indicating the
22 identity of any resident shall be removed and deleted. The
23 use of such records shall be restricted to members of the
24 Board, the Nursing Home Administrator Coordinator, and
25 appropriate staff of the Department for the purpose of
26 determining the existence of one or more grounds for
27 discipline of the nursing home administrator as provided for
28 by Section 17 of this Act. Any such review of individual
29 residents' records shall be conducted by the Board in strict
30 confidentiality, provided that such resident records shall be
31 admissible in a disciplinary hearing, before the Department
32 Board, when necessary to substantiate the grounds for
33 discipline alleged against the administrator licensed under
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1 this Act, and provided further, that nothing herein shall be
2 deemed to supersede the provisions of Part 21 of Article VIII
3 of the "Code of Civil Procedure", as now or hereafter
4 amended, to the extent applicable.
5 The Director, the designated hearing officer, and any
6 member of the Board each have the power to administer oaths
7 at any hearing that which the Board or Department is
8 authorized by law to conduct and any other oaths authorized
9 in an Act administered by the Department.
10 (Source: P.A. 85-932.)
11 (225 ILCS 70/23) (from Ch. 111, par. 3673)
12 Sec. 23. Record of proceedings. Stenographer; transcript.
13 The Department, at its expense, shall provide a stenographer
14 to take down the testimony and preserve a record of all
15 proceedings at any formal the hearing of any case wherein a
16 license may be revoked, suspended, placed on probationary
17 status, or other disciplinary action taken with regard
18 thereto. The notice of hearing, complaint, and all other
19 documents in the nature of pleadings and written motions
20 filed in the proceedings, the transcript of testimony, the
21 report of the Board, and the orders of the Department shall
22 be constitute the record of the proceedings. The Department
23 shall furnish a transcript of the record to any person
24 interested in such hearing upon payment of the fee required
25 under Section 60f of the Civil Administrative Code of
26 Illinois.
27 (Source: P.A. 87-1031.)
28 (225 ILCS 70/24) (from Ch. 111, par. 3674)
29 Sec. 24. Motion for rehearing. The Board shall present
30 to the Director a written report of its findings and
31 recommendations. A copy of such report shall be served upon
32 the accused person, either personally or by registered or
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1 certified mail. Within 20 30 days after such service, the
2 accused person may present to the Department a their motion,
3 in writing, for a rehearing, which written motion shall
4 specify the particular grounds for rehearing ground therefor.
5 If the accused person orders and pays for a transcript of the
6 record as provided in Section 23, the time elapsing
7 thereafter and before such transcript is ready for delivery
8 to them shall not be counted as part of such 30 days.
9 At the expiration of the time allowed for filing a motion
10 for rehearing, the Director may take the action recommended
11 by the Board. Upon the suspension, revocation, placement on
12 probationary status, or the taking of any other disciplinary
13 action, deemed proper by the Board, with regard to the
14 license, the accused shall surrender their license to the
15 Department, if ordered to do so by the Department, and upon
16 their failure or refusal so to do, the Department may seize
17 the same.
18 Each order of revocation, suspension, or other
19 disciplinary action shall contain a brief, concise statement
20 of the ground or grounds upon which the Department's action
21 is based, as well as the specific terms and conditions of
22 such action. This document shall be retained as a permanent
23 record by the Board and the Director.
24 The Department shall at least annually publish a list of
25 the names of all persons disciplined under this Act in the
26 preceding 12 months. Such lists shall be mailed by the
27 Department to any person in the State upon request.
28 In those instances where an order of revocation,
29 suspension, or other disciplinary action has been rendered by
30 virtue of a Nursing Home Administrator's physical illness,
31 including, but not limited to, deterioration through the
32 aging process, or loss of motor skill which results in an
33 inability to practice with reasonable judgment, skill, or
34 safety, the Department shall only permit this document, and
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1 the record of the hearing incident thereto, to be observed,
2 inspected, viewed, or copied pursuant to court order.
3 (Source: P.A. 85-932.)
4 (225 ILCS 70/24.1 new)
5 Sec. 24.1. Surrender of license; record; list of
6 disciplinees. Upon the suspension, revocation, placement on
7 probationary status, or the taking of any other disciplinary
8 action deemed proper by the Board with regard to a license,
9 the accused shall surrender his or her license to the
10 Department, if ordered to do so by the Department, and upon
11 his or her failure or refusal to do so, the Department may
12 seize the license.
13 Each order of revocation, suspension, or other
14 disciplinary action shall contain a brief, concise statement
15 of the ground or grounds upon which the Department's action
16 is based, as well as the specific terms and conditions of
17 such action. This document shall be retained as a permanent
18 record by the Board and the Director.
19 The Department shall at least annually publish a list of
20 the names of all persons disciplined under this Act in the
21 preceding 12 months. Such lists shall be mailed by the
22 Department to any person in the State upon request.
23 In those instances where an order of revocation,
24 suspension, or other disciplinary action has been rendered by
25 virtue of a nursing home administrator's physical illness,
26 including but not limited to deterioration through the aging
27 process, or loss of motor skill that results in an inability
28 to practice with reasonable judgment, skill, or safety, the
29 Department shall only permit this document, and the record of
30 the hearing incident thereto, to be observed, inspected,
31 viewed, or copied pursuant to court order.
32 (225 ILCS 70/28) (from Ch. 111, par. 3678)
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1 Sec. 28. Rehearing on order of Director. Whenever the
2 Director believes justice has not been done in the refusal to
3 issue or renew a license or revocation, suspension, or
4 discipline of a license, he or she may order a rehearing.
5 None of the disciplinary functions, powers and duties
6 enumerated in this Act shall be exercised by the Department
7 except upon the action and report in writing of the Board.
8 In all instances, under this Act, in which the Board has
9 rendered a recommendation to the Director with respect to a
10 particular administrator, the Director shall, in the event
11 that he or she disagrees with or takes action contrary to the
12 recommendation of the Board, file with the Board and the
13 Secretary of State his or her specific written reasons of
14 disagreement with the Board. Such reasons shall be filed
15 within 30 days of the occurrence of the Director's contrary
16 position having been taken.
17 The action and report in writing of a majority of the
18 Board designated is sufficient authority upon which the
19 Director may act.
20 Whenever the Director is satisfied that substantial
21 justice has not been done either in an examination, or in a
22 formal disciplinary action, or refusal to restore a license,
23 he or she may order a re-examination or re-hearing by the
24 same or other examiners.
25 (Source: P.A. 85-932.)
26 (225 ILCS 70/37 rep.)
27 Section 45. The Nursing Home Administrators Licensing and
28 Disciplinary Act is amended by repealing Section 37.
29 Section 50. The Physician Assistant Practice Act of 1987
30 is amended by changing Sections 6, 9, 10, 11, 14, 16, 17, 21,
31 22.1, 22.2, 22.5, 22.7, 22.11, 22.12, and 24 and by adding
32 Section 14.1 as follows:
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1 (225 ILCS 95/6) (from Ch. 111, par. 4606)
2 Sec. 6. Title; billing. No physician assistant shall use
3 the title of doctor or associate with his or her name or any
4 other term that which would indicate to other persons that he
5 or she is qualified to engage in the general practice of
6 medicine. A physician assistant shall not be allowed to bill
7 patients or in any way to charge for services. Nothing in
8 this Act, however, shall be so construed as to prevent the
9 employer of a physician assistant from charging for services
10 rendered by the physician assistant. The supervising
11 physician shall file with the Department notice of
12 employment, discharge, or supervisory control of a physician
13 assistant at the time of employment, discharge, or assumption
14 of supervisory control of a physician assistant.
15 (Source: P.A. 85-981.)
16 (225 ILCS 95/9) (from Ch. 111, par. 4609)
17 Sec. 9. Application for licensure. Applications for
18 original licenses shall be made to the Department in writing
19 on forms prescribed by the Department and shall be
20 accompanied by the required fee, which shall not be
21 refundable. An Any such application shall require such
22 information that as in the judgment of the Department will
23 enable the Department to pass on the qualifications of the
24 applicant for a license. An Such application shall include
25 evidence of passage of the examination of the National
26 Commission on the Certification of Physician Assistants, or
27 its successor agency, and proof that the applicant holds a
28 valid certificate issued by that Commission.
29 Applicants have 3 years from the date of application to
30 complete the application process. If the process has not been
31 completed in 3 years, the application shall be denied, the
32 fee shall be forfeited, and the applicant must reapply and
33 meet the requirements in effect at the time of reapplication.
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1 If an applicant fails to obtain registration under this
2 Act within 3 years after filing his application, the
3 application shall be denied. However, such applicant may make
4 a new application, accompanied by the required fee.
5 (Source: P.A. 86-596.)
6 (225 ILCS 95/10) (from Ch. 111, par. 4610)
7 Sec. 10. Identification. No person shall use the title or
8 perform the duties of "Physician assistant" unless he or she
9 is a qualified holder of a license issued by the Department
10 certificate as provided in this Act. A physician assistant
11 shall wear on his or her person a visible identification
12 indicating that he or she is certified as a physician
13 assistant while acting in the course of his or her duties.
14 (Source: P.A. 85-981.)
15 (225 ILCS 95/11) (from Ch. 111, par. 4611)
16 Sec. 11. Committee. There is established a physician
17 assistant advisory committee to the Medical Licensing Board.
18 The physician assistant advisory committee shall review and
19 make recommendations to the Board regarding all matters
20 relating to physician assistants. The physician assistant
21 advisory committee shall be composed of 7 members. Three of
22 the 7 members shall be physicians, 2 of whom shall be members
23 of the Board and appointed to the advisory committee by the
24 chairman. One physician, not a member of the Board, shall be
25 a supervisor of a certified physician assistant and shall be
26 approved by the Governor from a list of Illinois physicians
27 supervising certified physician assistants. Three members
28 shall be physician assistants, certified under the law and
29 appointed by the Governor from a list of 10 names recommended
30 by the Board of Directors of the Illinois Academy of
31 Physician Assistants. One member, not employed or having any
32 material interest in any health care field, shall be
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1 appointed by the Governor and represent the public. The
2 chairman of the physician assistant advisory committee shall
3 be a member elected by a majority vote of the physician
4 assistant advisory committee unless already a member of the
5 Board. The physician assistant advisory committee is required
6 to meet and report to the Board quarterly and as physician
7 assistant issues arise. Initial appointment to the physician
8 assistant advisory committee shall be made within 90 days
9 after the effective date of this Section. The terms of office
10 of each of the original 7 members shall be at staggered
11 intervals. One physician and one physician assistant shall
12 serve for a 2 year term. One physician and one physician
13 assistant shall serve a 3 year term. One physician, one
14 physician assistant and the public member shall serve a 4
15 year term. Upon the expiration of the term of any member, his
16 successor shall be appointed for a term of 4 years in the
17 same manner as the initial appointment. No member shall serve
18 more than 2 consecutive terms.
19 The members of the physician assistant advisory committee
20 shall be reimbursed for all authorized legitimate and
21 necessary expenses incurred in attending the meetings of the
22 committee.
23 A majority of the physician assistant advisory committee
24 members currently appointed shall constitute a quorum. A
25 vacancy in the membership of the committee shall not impair
26 the right of a quorum to perform all of the duties of the
27 committee.
28 Members of the physician assistant advisory committee
29 shall have no liability for any action based upon a
30 disciplinary proceeding or other activity performed in good
31 faith as a member of the committee.
32 (Source: P.A. 85-981.)
33 (225 ILCS 95/14) (from Ch. 111, par. 4614)
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1 Sec. 14. Issuance of license.
2 (a) Upon the satisfactory completion of application and
3 examination procedures and compliance with the applicable
4 rules of the Department, the Department shall issue a
5 physician assistant license certificate to the qualifying
6 applicant who holds a certificate issued by the National
7 Commission on the Certification of Physician Assistants or
8 equivalent successor agency.
9 (b) Those Individuals who have successfully completed an
10 approved physician assistant program as determined by rules
11 of the Department, and who have made application to the
12 Department and submitted evidence to the Department of
13 admission to the certifying examination administered by the
14 National Commission on the Certification of Physician
15 Assistants, or its successor agency, shall be issued a
16 temporary license that certificate which shall allow the
17 applicant to practice until:
18 (1) he or she receives certification from the
19 National Commission on the Certification of Physician
20 Assistants or its successor agency; or
21 (2) fifteen months have elapsed, whichever comes
22 first.
23 Under no circumstances shall such applicant continue to
24 practice on the temporary license certificate after
25 notification that he or she has failed the examination. Such
26 authorization shall not be renewable.
27 (Source: P.A. 85-981.)
28 (225 ILCS 95/14.1 new)
29 Sec. 14.1. Fees.
30 (a) The Department shall provide by rule for a schedule
31 of fees to be paid for licenses by all applicants. All fees
32 are not refundable.
33 (b) Except as provided in subsection (c) below, the fees
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1 for the administration and enforcement of this Act, including
2 but not limited to original licensure, renewal, and
3 restoration, shall be set by rule.
4 (c) All moneys collected under this Act by the
5 Department shall be deposited in the Illinois State Medical
6 Disciplinary Fund in the State Treasury and used (1) in the
7 exercise of its powers and performance of its duties under
8 this Act, as such use is made by the Department; (2) for
9 costs directly related to license renewal of persons licensed
10 under this Act; (3) for the costs incurred by the physician
11 assistant advisory committee in the exercise of its powers
12 and performance of its duties under this Act, as such use is
13 made by the Department; and (4) for direct and allocable
14 indirect costs related to the public purposes of the
15 Department of Professional Regulation.
16 All earnings received from investment of moneys in the
17 Illinois State Medical Disciplinary Fund shall be deposited
18 into the Illinois State Medical Disciplinary Fund and shall
19 be used for the same purposes as fees deposited in the Fund.
20 (225 ILCS 95/16) (from Ch. 111, par. 4616)
21 Sec. 16. Expiration; renewal. The expiration date and
22 renewal period for each license issued under this Act shall
23 be set by rule. Renewal shall be conditioned on paying the
24 required fee and by meeting such other requirements as may be
25 established by rule.
26 Any physician assistant who has permitted his or her
27 license to expire or who has had his or her license on
28 inactive status may have the his license restored by making
29 application to the Department and filing proof acceptable to
30 the Department of his or her fitness to have the his license
31 restored, and by paying the required fees. Such Proof of
32 fitness may include sworn evidence certifying to active
33 lawful practice in another jurisdiction.
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1 If the physician assistant has not maintained an active
2 practice in another jurisdiction satisfactory to the
3 Department, the Department shall determine, by an evaluation
4 program established by rule, his or her fitness for
5 restoration of the his license and shall establish procedures
6 and requirements for such restoration.
7 However, any physician assistant whose license expired
8 while he or she was (1) in federal service on active duty
9 with the Armed Forces of the United States, or the State
10 Militia called into service or training, or (2) in training
11 or education under the supervision of the United States
12 preliminary to induction into the military service, may have
13 the his license restored without paying any lapsed renewal
14 fees if within 2 years after honorable termination of such
15 service, training, or education he or she furnishes the
16 Department with satisfactory evidence to the effect that he
17 or she has been so engaged and that his or her service,
18 training, or education has been so terminated.
19 (Source: P.A. 85-981.)
20 (225 ILCS 95/17) (from Ch. 111, par. 4617)
21 Sec. 17. Inactive status. Any physician assistant who
22 notified the Department in writing on forms prescribed by the
23 Department, may elect to place his or her license on an
24 inactive status and shall, subject to rules of the
25 Department, be excused from payment of renewal fees until he
26 or she notifies the Department in writing of his or her
27 intention to restore the his license.
28 Any physician assistant requesting restoration from
29 inactive status shall be required to pay the current renewal
30 fee and shall be required to restore his or her license, as
31 provided in Section 16 of this Act.
32 Any physician assistant whose license is in an inactive
33 status shall not practice in the State of Illinois.
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1 Any licensee who shall engage in practice while his or
2 her license is lapsed or on inactive status shall be
3 considered to be practicing without a license, which shall be
4 grounds for discipline under Section 21 of this Act.
5 (Source: P.A. 85-981.)
6 (225 ILCS 95/21) (from Ch. 111, par. 4621)
7 Sec. 21. Grounds for disciplinary action.
8 (a) The Department may refuse to issue or to renew, or
9 may revoke, suspend, place on probation, censure or
10 reprimand, or take other disciplinary action with regard to
11 any license issued under this Act as the Department may deem
12 proper, including the issuance of fines not to exceed $5000
13 for each violation, for any one or combination of the
14 following causes:
15 (1) 1. Material misstatement in furnishing
16 information to the Department.;
17 (2) 2. Violations of this Act, or the rules adopted
18 under this Act promulgated hereunder.;
19 (3) 3. Conviction of any crime under the laws of
20 any U.S. jurisdiction that thereof which is a felony or
21 that which is a misdemeanor, an essential element of
22 which is dishonesty, or of any crime which is directly
23 related to the practice of the profession.;
24 (4) 4. Making any misrepresentation for the purpose
25 of obtaining licenses.;
26 (5) 5. Professional incompetence.;
27 (6) 6. Aiding or assisting another person in
28 violating any provision of this Act or its rules.;
29 (7) 7. Failing, within 60 days, to provide
30 information in response to a written request made by the
31 Department.;
32 (8) 8. Engaging in dishonorable, unethical, or
33 unprofessional conduct, as defined by rule, of a
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1 character likely to deceive, defraud, or harm the
2 public.;
3 (9) 9. Habitual or excessive use or addiction to
4 alcohol, narcotics, stimulants, or any other chemical
5 agent or drug that which results in a physician
6 assistant's assistants' inability to practice with
7 reasonable judgment, skill, or safety.;
8 (10) 10. Discipline by another U.S. jurisdiction or
9 foreign nation, if at least one of the grounds for a
10 discipline is the same or substantially equivalent to
11 those set forth in this Section herein.;
12 (11) 11. Directly or indirectly giving to or
13 receiving from any person, firm, corporation,
14 partnership, or association any fee, commission, rebate
15 or other form of compensation for any professional
16 services not actually or personally rendered.;
17 (12) 12. A finding by the Disciplinary Board that
18 the licensee, after having his or her license placed on
19 probationary status has violated the terms of probation.;
20 (13) 13. Abandonment of a patient.;
21 (14) 14. Willfully making or filing false records
22 or reports in his or her practice, including but not
23 limited to false records filed with state agencies or
24 departments.;
25 (15) 15. Willfully failing to report an instance of
26 suspected child abuse or neglect as required by the
27 Abused and Neglected Child Reporting Act.;
28 (16) 16. Physical illness, including but not
29 limited to, deterioration through the aging process, or
30 loss of motor skill, mental illness, or disability that
31 which results in the inability to practice the profession
32 with reasonable judgment, skill or safety.;
33 (17) 17. Being named as a perpetrator in an
34 indicated report by the Department of Children and Family
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1 Services under the Abused and Neglected Child Reporting
2 Act, and upon proof by clear and convincing evidence that
3 the licensee has caused a child to be an abused child or
4 neglected child as defined in the Abused and Neglected
5 Child Reporting Act.;
6 (18) 18. Conviction in this State or another state
7 of any crime that which is a felony under the laws of
8 this State, or conviction of a felony in a federal
9 court.;
10 (19) 19. Gross malpractice resulting in permanent
11 injury or death of a patient.;
12 (20) 20. Employment of fraud, deception, or any
13 unlawful means in applying for or securing a license as a
14 physician assistant.;
15 (21) 21. Exceeding the authority delegated to him
16 or her by his or her supervising physician in guidelines
17 established by the physician/physician assistant team.;
18 (22) 22. Immoral conduct in the commission of any
19 act, such as sexual abuse, sexual misconduct or sexual
20 exploitation, related to the licensee's practice.;
21 (23) 23. Violation of the Health Care Worker
22 Self-Referral Act.
23 (b) The Department may refuse to issue or may suspend
24 the license of any person who fails to file a return, or to
25 pay the tax, penalty or interest shown in a filed return, or
26 to pay any final assessment of the tax, penalty, or interest
27 as required by any tax Act administered by the Illinois
28 Department of Revenue, until such time as the requirements of
29 any such tax Act are satisfied.
30 (c) The determination by a circuit court that a licensee
31 is subject to involuntary admission or judicial admission as
32 provided in the Mental Health and Developmental Disabilities
33 Code operates as an automatic suspension. The Such suspension
34 will end only upon a finding by a court that the patient is
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1 no longer subject to involuntary admission or judicial
2 admission and issues an order so finding and discharging the
3 patient,; and upon the recommendation of the Disciplinary
4 Board to the Director that the licensee be allowed to resume
5 his or her practice.
6 (d) In enforcing this Section, the Department upon a
7 showing of a possible violation may compel an individual
8 licensed to practice under this Act, or who has applied for
9 licensure under this Act, to submit to a mental or physical
10 examination, or both, as required by and at the expense of
11 the Department. The Department may order the examining
12 physician to present testimony concerning the mental or
13 physical examination of the licensee or applicant. No
14 information shall be excluded by reason of any common law or
15 statutory privilege relating to communications between the
16 licensee or applicant and the examining physician. The
17 examining physicians shall be specifically designated by the
18 Department. The individual to be examined may have, at his or
19 her own expense, another physician of his or her choice
20 present during all aspects of this examination. Failure of
21 an individual to submit to a mental or physical examination,
22 when directed, shall be grounds for suspension of his or her
23 license until the individual submits to the examination if
24 the Department finds, after notice and hearing, that the
25 refusal to submit to the examination was without reasonable
26 cause.
27 If the Department finds an individual unable to practice
28 because of the reasons set forth in this Section, the
29 Department may require that individual to submit to care,
30 counseling, or treatment by physicians approved or designated
31 by the Department, as a condition, term, or restriction for
32 continued, reinstated, or renewed licensure to practice; or,
33 in lieu of care, counseling, or treatment, the Department may
34 file a complaint to immediately suspend, revoke, or otherwise
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1 discipline the license of the individual. An individual whose
2 license was granted, continued, reinstated, renewed,
3 disciplined, or supervised subject to such terms, conditions,
4 or restrictions, and who fails to comply with such terms,
5 conditions, or restrictions, shall be referred to the
6 Director for a determination as to whether the individual
7 shall have his or her license suspended immediately, pending
8 a hearing by the Department.
9 In instances in which the Director immediately suspends a
10 person's license under this Section, a hearing on that
11 person's license must be convened by the Department within 15
12 days after the suspension and completed without appreciable
13 delay. The Department shall have the authority to review the
14 subject individual's record of treatment and counseling
15 regarding the impairment to the extent permitted by
16 applicable federal statutes and regulations safeguarding the
17 confidentiality of medical records.
18 An individual licensed under this Act and affected under
19 this Section shall be afforded an opportunity to demonstrate
20 to the Department that he or she can resume practice in
21 compliance with acceptable and prevailing standards under the
22 provisions of his or her license.
23 (Source: P.A. 87-1207.)
24 (225 ILCS 95/22.1) (from Ch. 111, par. 4622.1)
25 Sec. 22.1. Injunction.
26 (a) If any person violates the provision of this Act,
27 the Director may, in the name of the People of the State of
28 Illinois, through the Attorney General of the State of
29 Illinois, or the State's Attorney of any county in which the
30 action is brought, petition, for an order enjoining the such
31 violation or for an order enforcing compliance with this Act.
32 Upon the filing of a verified petition in court, the court
33 may issue a temporary restraining order, without notice or
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1 bond, and may preliminarily and permanently enjoin such
2 violation, and if it is established that such person has
3 violated or is violating the injunction, the Court may punish
4 the offender for contempt of court. Proceedings under this
5 Section shall be in addition to, and not in lieu of, all
6 other remedies and penalties provided by this Act.
7 (b) If any person shall practice as a physician
8 assistant or hold himself or herself out as a physician
9 assistant without being licensed under the provisions of this
10 Act, then any licensed physician assistant, any interested
11 party or any person injured thereby may, in addition to the
12 Director, petition for relief as provided in subsection (a)
13 of this Section.
14 (c) Whenever in the opinion of the Department any person
15 violates any provision of this Act, the Department may issue
16 a rule to show cause why an order to cease and desist should
17 not be entered against him. The rule shall clearly set forth
18 the grounds relied upon by the Department and shall provide a
19 period of 7 days from the date of the rule to file an answer
20 to the satisfaction of the Department. Failure to answer to
21 the satisfaction of the Department shall cause an order to
22 cease and desist to be issued forthwith.
23 (Source: P.A. 85-981.)
24 (225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
25 Sec. 22.2. Investigation; notice; hearing. The Department
26 may investigate the actions of any applicant or of any person
27 or persons holding or claiming to hold a license. The
28 Department shall, before suspending, revoking, placing on
29 probationary status, or taking any other disciplinary action
30 as the Department may deem proper with regard to any license
31 or certificate, at least 30 days prior to the date set for
32 the hearing, notify the applicant or licensee accused in
33 writing of any charges made and the time and place for a
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1 hearing of the charges before the Disciplinary Board, direct
2 him or her to file his or her written answer thereto to the
3 Disciplinary Board under oath within 20 days after the
4 service on him or her of such notice and inform him or her
5 that if he or she fails to file such answer default will be
6 taken against him or her and his or her license or
7 certificate may be suspended, revoked, placed on probationary
8 status, or have other disciplinary action, including limiting
9 the scope, nature or extent of his or her practice, as the
10 Department may deem proper taken with regard thereto. Such
11 written notice may be served by personal delivery or
12 certified or registered mail at the last address of his or
13 her last notification to the Department. At the time and
14 place fixed in the notice, the Department shall proceed to
15 hear the charges and the parties or their counsel shall be
16 accorded ample opportunity to present such statements,
17 testimony, evidence, and argument as may be pertinent to the
18 charges or to the defense thereto. The Department may
19 continue such hearing from time to time. In case the
20 applicant or licensee accused person, after receiving notice,
21 fails to file an answer, his or her license or certificate
22 may in the discretion of the Director, having received first
23 the recommendation of the Disciplinary Board, be suspended,
24 revoked, placed on probationary status, or the Director may
25 take whatever disciplinary action as he or she may deem
26 proper, including limiting the scope, nature, or extent of
27 such person's practice, without a hearing, if the act or acts
28 charged constitute sufficient grounds for such action under
29 this Act.
30 (Source: P.A. 85-981.)
31 (225 ILCS 95/22.5) (from Ch. 111, par. 4622.5)
32 Sec. 22.5. Subpoena power; oaths. The Department shall
33 have power to subpoena and bring before it any person in this
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1 State and to take testimony either orally or by deposition or
2 both, with the same fees and mileage and in the same manner
3 as prescribed by law in judicial proceedings in civil cases
4 in circuit courts of this State.
5 The Director, the designated hearing officer, and any
6 member of the Disciplinary Board designated by the Director
7 shall each have power to administer oaths to witnesses at any
8 hearing which the Department is authorized to conduct under
9 this Act, and any other oaths required or authorized to be
10 administered by the Department under this Act hereunder.
11 (Source: P.A. 85-981.)
12 (225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
13 Sec. 22.7. Hearing officer. Notwithstanding the
14 provisions of Section 22.2 of this Act, the Director shall
15 have the authority to appoint any attorney duly licensed to
16 practice law in the State of Illinois to serve as the hearing
17 officer in any action for refusal to issue or, renew, or for
18 discipline of, a license or certificate. The Director shall
19 notify the Disciplinary Board of any such appointment. The
20 hearing officer shall have full authority to conduct the
21 hearing. The hearing officer shall report his or her
22 findings of fact, conclusions of law, and recommendations to
23 the Disciplinary Board and the Director. The Disciplinary
24 Board shall have 60 days from receipt of the report to review
25 the report of the hearing officer and present their findings
26 of fact, conclusions of law, and recommendations to the
27 Director. If the Disciplinary Board fails to present its
28 report within the 60 day period, the Director shall issue an
29 order based on the report of the hearing officer. If the
30 Director disagrees in any regard with the report of the
31 Disciplinary Board or hearing officer, he or she may issue an
32 order in contravention thereof. The Director shall provide a
33 written explanation to the Disciplinary Board on any such
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1 deviation, and shall specify with particularity the reasons
2 for such action in the final order.
3 (Source: P.A. 85-981.)
4 (225 ILCS 95/22.11) (from Ch. 111, par. 4622.11)
5 Sec. 22.11. Restoration of license. At any time after the
6 suspension or revocation of any license the Department may
7 restore it to the licensee accused person, unless after an
8 investigation and a hearing, the Department determines that
9 restoration is not in the public interest. Where
10 circumstances of suspension or revocation so indicate, the
11 Department may require an examination of the licensee prior
12 to restoring his or her license.
13 (Source: P.A. 85-981.)
14 (225 ILCS 95/22.12) (from Ch. 111, par. 4622.12)
15 Sec. 22.12. Surrender of license. Upon the revocation or
16 suspension of any license, the licensee shall immediately
17 forthwith surrender the license to the Department. and If the
18 licensee fails to do so, the Department shall have the right
19 to seize the license.
20 (Source: P.A. 85-981.)
21 (225 ILCS 95/24) (from Ch. 111, par. 4624)
22 Sec. 24. Pending actions. All licenses in effect on
23 December 31, 1987 and issued pursuant to the "Physician's
24 Assistants Practice Act", approved September 11, 1975, as
25 amended, are reinstated for the balance of the term for which
26 last issued. All rules and regulations in effect on December
27 31, 1987 and promulgated pursuant to the "Physician's
28 Assistants Practice Act", approved September 11, 1975, as
29 amended, shall remain in full force and effect on the
30 effective date of this Act without being promulgated again by
31 the Department, except to the extent any such rule or
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1 regulation is inconsistent with any provision of this Act.
2 All disciplinary actions taken or pending pursuant to the
3 "Physician's Assistants Practice Act", approved September 11,
4 1975, as amended, shall, for the actions taken, remain in
5 effect, and for the actions pending, shall be continued, on
6 the effective date of this Act without having separate
7 actions filed by the Department.
8 (Source: P.A. 85-981.)
9 (225 ILCS 95/18 rep.)
10 Section 55. The Physician Assistant Practice Act of 1987
11 is amended by repealing Section 18.
12 Section 70. The Professional Geologist Licensing Act is
13 amended by changing Sections 25, 52, and 65 as follows:
14 (225 ILCS 745/25)
15 Sec. 25. Restrictions and limitations. No person shall,
16 without a valid license issued by the Department (i) in any
17 manner hold himself or herself out to the public as a
18 licensed professional geologist; (ii) attach the title
19 "Licensed Professional Geologist" to his or her name; or
20 (iii) render or offer to render to individuals, corporations,
21 or public agencies services constituting the practice of
22 professional geology.
23 Individuals practicing geology in Illinois as of the
24 effective date of this amendatory Act of 1997 may continue to
25 practice as provided in this Act until the Department has
26 adopted rules implementing this Act. To continue practicing
27 geology after the adoption of rules, individuals shall apply
28 for licensure within 180 days after the effective date of the
29 rules. If an application is received during the 180-day
30 period, the individual may continue to practice until the
31 Department acts to grant or deny licensure. If an
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1 application is not filed within the 180-day period, the
2 individual must cease the practice of geology at the
3 conclusion of the 180-day period and until the Department
4 acts to grant a license to the individual.
5 (Source: P.A. 89-366, eff. 7-1-96.)
6 (225 ILCS 745/52)
7 Sec. 52. Alternate qualification for licensure. The
8 Department may issue a license to practice professional
9 geology in Illinois to any applicant who, on or before July
10 1, 1998 within one calendar year after the effective date of
11 this Act, meets the following qualifications:
12 (1) The applicant has completed an application form
13 and remitted the application fee.
14 (2) The applicant meets all of the requirements for
15 a license under subsection (a) of Section 50 excluding
16 the requirements for passing the required examination.
17 (Source: P.A. 89-366, eff. 7-1-96.)
18 (225 ILCS 745/65)
19 Sec. 65. Expiration and renewal of license. The
20 expiration date and renewal period for each license shall be
21 set by rule. A professional geologist whose license has
22 expired may reinstate his or her license at any time within 5
23 years after the expiration thereof, by making a renewal
24 application and by paying the required fee. However, any
25 professional geologist whose license expired while he or she
26 was (i) on active duty with the Armed Forces of the United
27 States or called into service or training by the State
28 militia or (ii) in training or education under the
29 supervision of the United States preliminary to induction
30 into the military service, may have his professional
31 geologist license renewed, reinstated, or restored without
32 paying any lapsed renewal fees if within 2 years after
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1 termination of the service, training, or education the
2 professional geologist furnishes the Department with
3 satisfactory evidence of service, training, or education and
4 it has been terminated under honorable conditions.
5 Any professional geologist whose license has expired for
6 more than 5 years may have it restored by making application
7 to the Department, paying the required fee, and filing
8 acceptable proof of fitness to have the license restored. The
9 proof may include sworn evidence certifying active practice
10 in another jurisdiction. If the geologist has not practiced
11 for 5 years or more, the Board shall determine by an
12 evaluation program established by rule, whether that
13 individual is fit to resume active status and may require the
14 professional geologist to complete a period of evaluated
15 professional clinical experience and may require successful
16 completion of an examination.
17 The Department may refuse to issue or may suspend the
18 license of any person who fails to file a return, or to pay
19 the tax, penalty or interest shown in a filed return, or to
20 pay any final assessment of tax, penalty, or interest, as
21 required by any tax Act administered by the Illinois
22 Department of Revenue, until such time as the requirements of
23 any such tax Act are satisfied.
24 (Source: P.A. 89-366, eff. 7-1-96.)
25 Section 95. No acceleration or delay. Where this Act
26 makes changes in a statute that is represented in this Act by
27 text that is not yet or no longer in effect (for example, a
28 Section represented by multiple versions), the use of that
29 text does not accelerate or delay the taking effect of (i)
30 the changes made by this Act or (ii) provisions derived from
31 any other Public Act.
32 Section 99. Effective date. This Act takes effect
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1 December 30, 1997, except that Sections 10, 15, and 99 take
2 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
SB857 Enrolled -143- LRB9003267DPcc
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
SB857 Enrolled -144- LRB9003267DPcc
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
SB857 Enrolled -145- LRB9003267DPcc
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.