State of Illinois
92nd General Assembly

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[ Engrossed ][ House Amendment 001 ]



 1        AN ACT concerning regulation of surgical assistants.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Surgical Assistant Practice Act.

 6        Section  5.  Legislative purpose and intent.  Practice as
 7    a surgical assistant in the State of Illinois is declared  to
 8    affect  the  public  health,  safety,  and  welfare and to be
 9    subject  to   regulation   and    control   in   the   public
10    interest.    The   purpose and legislative intent of this Act
11    is to encourage and promote the more effective utilization of
12    the skills of  physicians  by  enabling   them   to  delegate
13    certain surgery related tasks to surgical assistants when the
14    delegation  is  consistent with the health and welfare of the
15    patient and is conducted at the direction of  and  under  the
16    responsible supervision of the physician.
17        It  is  further  declared to be a matter of public health
18    and concern that the practice as a surgical  assistant  merit
19    and receive the confidence of the public and, therefore, that
20    only  qualified  persons  be  authorized  to  practice  as  a
21    surgical  assistant in the State of Illinois.  This Act shall
22    be liberally construed to best carry out these  subjects  and
23    purposes.

24        Section 10.  Definitions.  As used in this Act:
25        "Board"   means  the  Board  of  Perfusion  and  Surgical
26    Assisting.
27        "Department"  means  the   Department   of   Professional
28    Regulation.
29        "Director" means the Director of Professional Regulation.
30        "Physician"  or  "operating  physician"  means  a  person
                            -2-                LRB9200793ACtm
 1    licensed  to  practice  medicine in all of its branches under
 2    the Medical Practice Act of 1987.
 3        "Surgical assistant" means a person  who  (i)  is  not  a
 4    physician  licensed  to  practice    medicine  in  all of its
 5    branches,  (ii)  is  certified  by  the   National   Surgical
 6    Assistant    Association  on  the  Certification  of Surgical
 7    Assistants or the Liaison Council on  Certification  for  the
 8    Surgical  Technologist  as  a  certified first assistant, and
 9    (iii) is licensed  under this Act.  A surgical assistant  may
10    provide aid to operating physicians in exposure,  hemostasis,
11    and  other  technical functions as described in Section 50 of
12    this Act that will  help an operating physician to perform  a
13    safe operation with optimal results for the  patient.

14        Section 15.  Powers and duties of the Department.
15        (a)  The  Department shall exercise the powers and duties
16    prescribed by the Civil Administrative Code of  Illinois  for
17    the  administration  of licensing Acts and shall exercise any
18    other  powers  and  duties  necessary  for  effectuating  the
19    purposes of this Act.
20        (b)  The Department may adopt rules consistent  with  the
21    provisions of this Act for its administration and enforcement
22    and  may  prescribe  forms that shall be issued in connection
23    with this Act. The rules may include but are not  limited  to
24    standards  and  criteria for licensure, professional conduct,
25    and discipline.

26        Section 20. Illinois Administrative Procedure Act; rules.
27        (a)  The  Illinois  Administrative   Procedure   Act   is
28    expressly  adopted  and incorporated in this Act as if all of
29    the provisions of the Illinois Administrative  Procedure  Act
30    were  included  in  this  Act,  except  that the provision of
31    subsection   (d)   of   Section   10-65   of   the   Illinois
32    Administrative Procedure Act that provides that  at  hearings
                            -3-                LRB9200793ACtm
 1    the licensee has the right to show compliance with all lawful
 2    requirements  for  retention, continuation, or renewal of the
 3    license is specifically excluded. For purposes of  this  Act,
 4    the  notice  required  under  Section  10-25  of the Illinois
 5    Administrative Procedure Act is deemed sufficient when mailed
 6    to the last known address of a party.
 7        (b)  The  Director   may   promulgate   rules   for   the
 8    administration  and enforcement of this Act and may prescribe
 9    forms to be issued in connection with this Act.

10        Section 30.  Application for license.  An application for
11    an initial license shall be made to the Department in writing
12    on  forms  prescribed  by  the  Department   and   shall   be
13    accompanied   by   the   required   nonrefundable   fee.   An
14    application shall require information that, in  the  judgment
15    of the Department, will enable the Department to evaluate the
16    qualifications of an applicant for licensure.
17        If  an applicant fails to obtain a license under this Act
18    within 3 years after  filing  his  or  her  application,  the
19    application  shall  be  denied.  The applicant may make a new
20    application, which  shall  be  accompanied  by  the  required
21    nonrefundable fee.

22        Section    35.  Social   Security   Number   on   license
23    application.  In addition  to any other information  required
24    to be contained in the application, every  application for an
25    original,  renewal,  or restored license under this Act shall
26    include the applicant's Social Security Number.

27        Section 40.  License requirement. No person shall  engage
28    in  the  practice  as a surgical assistant or hold himself or
29    herself out as a surgical assistant in this State  without  a
30    license issued by the Department under this Act.
                            -4-                LRB9200793ACtm
 1        Section  45.   Application of Act.  This Act shall not be
 2    construed to prohibit the following:
 3             (1)  A person licensed in this State under any other
 4        Act from engaging in  the practice for which he or she is
 5        licensed,  including  but  not  limited  to  a  physician
 6        assistant  or  nurse  performing  surgery-related   tasks
 7        within the scope of his or her license.
 8             (2)  A  person  from  engaging  in the practice as a
 9        surgical assistant in  the    discharge  of  his  or  her
10        official  duties  as  an  employee  of the United  States
11        government.
12             (3)  One or more licensed surgical  assistants  from
13        forming a professional  service corporation in accordance
14        with   the   Professional  Service  Corporation  Act  and
15        applying  for  licensure  as  a   corporation   providing
16        surgical assistant services.
17             (4)  A   student  engaging  in  the  practice  as  a
18        surgical assistant under  the  direct  supervision  of  a
19        physician  licensed  to  practice  medicine in all of its
20        branches as part of his or her  program  of  study  at  a
21        school  approved  by  the Department or in preparation to
22        qualify  for  the   examination   as   prescribed   under
23        subdivision (3) of Section 55 of this Act.
24             (5)  A  person  from  assisting  in  surgery  at  an
25        operating physician's discretion.

26        Section 50.  Scope of practice.
27        (a)  The  practice  of  a surgical assistant includes the
28    following as long as the  surgical assistant is working under
29    the direction of  the  operating  physician  as  a  first  or
30    second assist:
31             (1)  positioning of the patient;
32             (2)  preparation  and draping of the patient for the
33        operative procedure;
                            -5-                LRB9200793ACtm
 1             (3)  visualization of the operative site during  the
 2        operative procedure;
 3             (4)  provision  of the best possible exposure of the
 4        anatomy incident to the procedure;
 5             (5)  assist  in  closure  of  incisions  and   wound
 6        dressings; and
 7             (6)  performance of any task required by the surgeon
 8        incident to the particular procedure being performed.
 9        (b)  Nothing  in  this  Act  shall  be construed to allow
10    surgical assistants to administer any type of medication.

11        Section 55.   Qualifications  for  licensure.   A  person
12    shall qualify for licensure under this Act if he or she meets
13    all of the following requirements:
14             (1)  has  applied in writing on the prescribed forms
15        and has paid the  required fees;
16             (2)  has not violated a provision of Section 105  of
17        this  Act;  in  addition  the  Department  may  take into
18        consideration any felony conviction of the applicant, but
19        a  conviction shall not operate as  an  absolute  bar  to
20        licensure; and
21             (3)  has  met one of the following requirements: (i)
22        has successfully completed the  examination  provided  by
23        the   National  Surgical  Assistant  Association  on  the
24        Certification of Surgical  Assistants  or  its  successor
25        agency and has met the requirements for certification set
26        forth  by  the National Surgical Assistant Association on
27        the Certification of Surgical Assistants or its successor
28        agency; or (ii) has successfully completed the  Certified
29        First  Assistant  examination  provided  by  the  Liaison
30        Council  on  Certification  for the Surgical Technologist
31        (LCC-ST)  or  its  successor  agency  and  has  met   the
32        requirements for certification set forth by LCC-ST or its
33        successor agency.
                            -6-                LRB9200793ACtm
 1        Section  60.  Licensure  by  endorsement.  The Department
 2    may, in its discretion, license as a  surgical  assistant  an
 3    applicant  who  is licensed as a surgical assistant under the
 4    laws of another state, territory, or jurisdiction if (1)  the
 5    requirements  for licensure in that jurisdiction in which the
 6    applicant was  licensed  were,  at  the  date  of  licensure,
 7    substantially equivalent to the requirements then in force in
 8    this   State   or  (2)  the  applicant  possesses  individual
 9    qualifications and skills  that  demonstrate  equivalence  to
10    current Illinois requirements.
11        Applicants  have  3 years from the date of application to
12    complete the application process.  If  the  process  has  not
13    been  completed  within  3  years,  the  application shall be
14    denied, the fee shall  be forfeited, and the  applicant  must
15    reapply  and  meet  the requirements in effect at the time of
16    reapplication.

17        Section 65.  Supervision requirement.  A person  licensed
18    under  this  Act  shall practice as a surgical assistant only
19    under the direct supervision of the operating physician,  or,
20    in  the  absence of a physician, under the direct supervision
21    of a registered professional nurse.

22        Section 70.  Identification.  No  person  shall  use  the
23    title or perform the duties of a surgical assistant unless he
24    or  she  is  a  qualified  holder  of a license issued by the
25    Department as provided in this  Act.   A  surgical  assistant
26    shall  wear  on  his  or  her person a visible identification
27    indicating that he or she is licensed as a surgical assistant
28    while acting in the course of his or her duties.

29        Section 75.  Grandfathering provision.  For a  period  of
30    12  months after the finalization of the administrative rules
31    for this Act, the Department  may  issue  a  license  to  any
                            -7-                LRB9200793ACtm
 1    individual  who,  in addition to meeting the requirements set
 2    forth in paragraphs (1) and (2) of Section 55, has  practiced
 3    as  a  surgical  assistant  for  the  previous 3 years, first
 4    assisting a minimum of 350 hours annually.

 5        Section  80.   Expiration;   restoration;  renewal.   The
 6    expiration date and renewal period for  each  license  issued
 7    under  this   Act   shall be  set  by the Department by rule.
 8    Renewal shall be conditioned on paying the required  fee  and
 9    meeting other requirements as may be established by rule.
10        A licensee who  has  permitted  his  or  her  license  to
11    expire   or  who   has   had  his or her license on  inactive
12    status  may   have   the   license   restored    by    making
13    application  to the Department, by filing proof acceptable to
14    the Department of his or her  fitness  to  have  the  license
15    restored,  and  by paying the required fees. Proof of fitness
16    may   include  sworn  evidence certifying  to  active  lawful
17    practice in another jurisdiction.
18        If the licensee has not maintained  an   active  practice
19    in  another  jurisdiction   satisfactory  to  the Department,
20    the Department shall  determine, by  an   evaluation  program
21    established     by    rule,    his   or   her    fitness  for
22    restoration of the license and shall establish procedures and
23    requirements for  restoration.  However,  a  licensee   whose
24    license   expired  while   he   or    she  was (1) in federal
25    service on active duty with the Armed Forces of  the   United
26    States   or   the   State  Militia   called   into service or
27    training  or  (2)  in  training  or  education   under    the
28    supervision   of   the   United  States before induction into
29    the military service, may have the license  restored  without
30    paying  any  lapsed renewal  fees if  within  2  years  after
31    honorable   termination   of   the  service,  training,    or
32    education    he    or   she  furnishes  the  Department  with
33    satisfactory evidence to the effect  that  he  or   she   has
                            -8-                LRB9200793ACtm
 1    been   so  engaged  and that his or her service, training, or
 2    education has been so terminated.

 3        Section 85.  Inactive status.  A  licensee  who  notified
 4    the   Department  in  writing  on  forms  prescribed  by  the
 5    Department  may  elect  to place  his  or her license  on  an
 6    inactive   status   and   shall,   subject   to  rules of the
 7    Department,  be excused from payment of renewal fees until he
 8    or she notifies the Department  in  writing  of  his  or  her
 9    intention to  restore  the  license.  A  licensee  requesting
10    restoration  from  inactive  status  shall  pay  the  current
11    renewal   fee  and  shall  restore  his  or  her  license  in
12    accordance with Section 80 of  this  Act.  A  licensee  whose
13    license  is  on  inactive  status  shall  not  practice  as a
14    surgical assistant in this State.  A licensee who engages  in
15    practice  as a surgical assistant while his or her license is
16    lapsed or on  inactive  status  shall  be  considered  to  be
17    practicing  without  a  license,  which  shall be grounds for
18    discipline under Section 95 of this Act.

19        Section 90.  Fees; returned checks.
20        (a)  The Department  shall  set  by  rule  fees  for  the
21    administration of this Act, including but not limited to fees
22    for  initial  and  renewal  licensure  and  restoration  of a
23    license.
24        (b)  A person   who delivers  a  check or  other  payment
25    to  the  Department  that  is  returned   to  the  Department
26    unpaid   by   the   financial institution    upon  which   it
27    is  drawn  shall  pay  to  the Department, in addition to the
28    amount already  owed  to  the Department,  a fine of $50.  If
29    the  check  or  other  payment was for a renewal or  issuance
30    fee  and  that  person  practices without  paying the renewal
31    fee or issuance fee and the fine due, an additional  fine  of
32    $100  shall  be  imposed.   The   fines   imposed   by   this
                            -9-                LRB9200793ACtm
 1    Section  are  in  addition  to  any other discipline provided
 2    under  this  Act  for  unlicensed practice or practice  on  a
 3    nonrenewed  license. The  Department shall notify the  person
 4    that  fees  and  fines  shall be  paid to  the Department  by
 5    certified  check  or  money  order  within 30  calendar  days
 6    of  the  notification.  If, after the  expiration of  30 days
 7    from the date of the notification, the person has  failed  to
 8    submit  the   necessary   remittance,  the  Department  shall
 9    automatically  terminate  the license or deny the application
10    without a hearing.  If  the  person  seeks  a  license  after
11    termination   or  denial,  he  or  she  shall  apply  to  the
12    Department for restoration or issuance of the license and pay
13    all fees and fines due to the Department.  The Department may
14    establish  a  fee  for the processing of an  application  for
15    restoration of a license to defray the expenses of processing
16    the  application.  The Director may waive the fines due under
17    this Section in individual cases if the Director  finds  that
18    the fines would be unreasonable or unnecessarily burdensome.
19        (c)  All  of  the fees and fines collected under this Act
20    shall be deposited into  the  General  Professions  Dedicated
21    Fund. All moneys in the Fund shall be used by the Department,
22    as  appropriated, for the ordinary and contingent expenses of
23    the Department.

24        Section 95. Grounds for disciplinary action.
25        (a)  The  Department  may  refuse  to  issue,  renew,  or
26    restore a license, may revoke or suspend a  license,  or  may
27    place   on  probation,  censure,  reprimand,  or  take  other
28    disciplinary action with regard to a  person  licensed  under
29    this  Act,  including  but  not  limited to the imposition of
30    fines not to exceed $5,000 for each violation, for any one or
31    combination of the following causes:
32             (1)  Making a material  misstatement  in  furnishing
33        information to the Department.
                            -10-               LRB9200793ACtm
 1             (2)  Violating a provision of this Act or its rules.
 2             (3)  Conviction  under  the  laws of a United States
 3        jurisdiction  of  a  crime  that  is  a   felony   or   a
 4        misdemeanor, an essential element of which is dishonesty,
 5        or of a crime that is directly related to the practice as
 6        a surgical assistant.
 7             (4)  Making  a  misrepresentation for the purpose of
 8        obtaining, renewing, or restoring a license.
 9             (5)  Wilfully aiding or assisting another person  in
10        violating a provision of this Act or its rules.
11             (6)  Failing  to  provide information within 60 days
12        in response to a written request made by the Department.
13             (7)  Engaging   in   dishonorable,   unethical,   or
14        unprofessional conduct of a character likely to  deceive,
15        defraud,  or  harm  the public, as defined by rule of the
16        Department.
17             (8)  Discipline    by    another    United    States
18        jurisdiction or foreign nation, if at least  one  of  the
19        grounds  for  discipline  is  the  same  or substantially
20        equivalent to those set forth in this Section.
21             (9)  Directly or indirectly giving to  or  receiving
22        from   a   person,  firm,  corporation,  partnership,  or
23        association a fee, commission, rebate, or other  form  of
24        compensation  for  professional  services not actually or
25        personally rendered.
26             (10)  A finding by the Department that the licensee,
27        after having his or her license  placed  on  probationary
28        status, has violated the terms of probation.
29             (11)  Wilfully  making  or  filing  false records or
30        reports in his or her practice, including but not limited
31        to false records or reports filed with State agencies.
32             (12)  Wilfully making or signing a false  statement,
33        certificate, or affidavit to induce payment.
34             (13)  Wilfully  failing  to  report  an  instance of
                            -11-               LRB9200793ACtm
 1        suspected child abuse or neglect as  required  under  the
 2        Abused and Neglected Child Reporting Act.
 3             (14)  Being  named  as a perpetrator in an indicated
 4        report by the Department of Children and Family  Services
 5        under  the  Abused  and Neglected Child Reporting Act and
 6        upon proof by clear  and  convincing  evidence  that  the
 7        licensee  has  caused  a  child  to be an abused child or
 8        neglected child as defined in the  Abused  and  Neglected
 9        Child Reporting Act.
10             (15)  Employment   of   fraud,   deception,  or  any
11        unlawful means in applying for or securing a license as a
12        surgical assistant.
13             (16)  Allowing another person  to  use  his  or  her
14        license to practice.
15             (17)  Failure  to  report  to the Department (A) any
16        adverse  final  action  taken  against  the  licensee  by
17        another licensing jurisdiction,  government  agency,  law
18        enforcement  agency,  or  any  court or (B) liability for
19        conduct that would constitute grounds for action  as  set
20        forth in this Section.
21             (18)  Habitual  intoxication or addiction to the use
22        of drugs.
23             (19)  Physical illness, including but not limited to
24        deterioration through the aging process or loss of  motor
25        skills,  which  results  in the inability to practice the
26        profession  for  which  he  or  she  is   licensed   with
27        reasonable judgment, skill, or safety.
28             (20)  Gross   malpractice   resulting  in  permanent
29        injury or death of a patient.
30             (21)  Immoral conduct in the commission  of  an  act
31        related  to  the  licensee's  practice, including but not
32        limited to sexual abuse,  sexual  misconduct,  or  sexual
33        exploitation.
34             (22)  Violation the Health Care Worker Self-Referral
                            -12-               LRB9200793ACtm
 1        Act.
 2        (b)   The  Department  may refuse to issue or may suspend
 3    the license of a person who fails to file a  return,  to  pay
 4    the  tax, penalty, or interest shown in a filed return, or to
 5    pay a final assessment of the tax, penalty,  or  interest  as
 6    required  by  a  tax  Act  administered  by the Department of
 7    Revenue, until the requirements of the tax Act are satisfied.
 8        (c)  The determination by a circuit court that a licensee
 9    is subject to involuntary admission or judicial admission  as
10    provided  in the Mental Health and Developmental Disabilities
11    Code operates as an automatic suspension. The suspension will
12    end only upon (1) a finding by a court that the patient is no
13    longer  subject  to   involuntary   admission   or   judicial
14    admission,   (2)   issuance   of  an  order  so  finding  and
15    discharging the patient, and (3) the  recommendation  of  the
16    Department  to  the  Director that the licensee be allowed to
17    resume his or her practice.

18        Section 100.  Cease and desist order.
19        (a)  If a person violates a provision of  this  Act,  the
20    Director,  in the name of the People of the State of Illinois
21    through the Attorney General of the State of Illinois, or the
22    State's Attorney of a county in which the  violation  occurs,
23    may  petition  for an order enjoining the violation or for an
24    order enforcing compliance with this Act. Upon the filing  of
25    a verified petition in court, the court may issue a temporary
26    restraining   order   without   notice   or   bond   and  may
27    preliminarily and permanently enjoin the violation. If it  is
28    established  that  the  licensee has violated or is violating
29    the  injunction,  the  court  may  punish  the  offender  for
30    contempt of court.  Proceedings under this Section  shall  be
31    in  addition  to,  and not in lieu of, all other remedies and
32    penalties provided by this Act.
33        (b)  If a person practices as  a  surgical  assistant  or
                            -13-               LRB9200793ACtm
 1    holds  himself or herself out as a surgical assistant without
 2    being licensed under this Act, then any licensee  under  this
 3    Act, interested party, or person injured thereby, in addition
 4    to  the Director or State's Attorney, may petition for relief
 5    as provided in subsection (a) of this Section.
 6        (c)  If the Department determines that a person  violated
 7    a  provision  of this Act, the Department may issue a rule to
 8    show cause why an order to cease and  desist  should  not  be
 9    entered  against him or her. The rule shall clearly set forth
10    the grounds relied upon by the Department and shall provide a
11    period of 7 days from the date of the rule to file an  answer
12    to  the satisfaction of the Department.  Failure to answer to
13    the satisfaction of the Department shall cause  an  order  to
14    cease and desist to be issued immediately.

15        Section  105.  Investigation;  notice; hearing.  Licenses
16    may be refused, revoked, suspended, or otherwise  disciplined
17    in  the  manner  provided by this Act and not otherwise.  The
18    Department may  upon  its  own  motion  and  shall  upon  the
19    verified  complaint  in  writing  of any person setting forth
20    facts that if proven would constitute grounds for refusal  to
21    issue  or  for  suspension  or  revocation  under  this  Act,
22    investigate the actions of a person applying for, holding, or
23    claiming  to  hold  a  license.  The Department shall, before
24    refusing to issue or renew, suspending, or revoking a license
25    or taking other discipline pursuant to  Section  95  of  this
26    Act,  and  at  least  30  days  prior to the date set for the
27    hearing, notify in writing the applicant or licensee  of  any
28    charges  made,  shall  afford  the  applicant  or licensee an
29    opportunity to be heard in person or by counsel in  reference
30    to  the charges, and direct the applicant or licensee to file
31    a written answer to the Department under oath within 20  days
32    after  the  service of the notice and inform the applicant or
33    licensee that failure  to  file  an  answer  will  result  in
                            -14-               LRB9200793ACtm
 1    default  being  taken  against  the applicant or licensee and
 2    that  the  license  may  be  suspended,  revoked,  placed  on
 3    probationary status, or  other  disciplinary  action  may  be
 4    taken,  including  limiting  the  scope, nature, or extent of
 5    practice, as the Director may deem  proper.   Written  notice
 6    may  be  served  by  personal  delivery  to  the applicant or
 7    licensee or by mailing the notice by certified mail to his or
 8    her last known place of residence or to the place of business
 9    last specified by the applicant or licensee  in  his  or  her
10    last  notification to the Department.  If the person fails to
11    file an answer after receiving notice,  his  or  her  license
12    may,  in  the  discretion  of  the  Department, be suspended,
13    revoked, or placed on probationary status or  the  Department
14    may   take   whatever   disciplinary  action  deemed  proper,
15    including limiting  the  scope,  nature,  or  extent  of  the
16    person's  practice  or  the  imposition  of a fine, without a
17    hearing, if the act or  acts  charged  constitute  sufficient
18    grounds  for  such  action  under  this Act.  At the time and
19    place fixed in the notice, the Department  shall  proceed  to
20    hearing of the charges and both the applicant or licensee and
21    the  complainant  shall  be  afforded  ample  opportunity  to
22    present,  in person or by counsel, any statements, testimony,
23    evidence, and arguments that may be pertinent to the  charges
24    or  to  their defense.  The Department may continue a hearing
25    from time to time. The Department may continue a hearing  for
26    a period not to exceed 30 days.

27        Section  110.  Record  of proceedings. The Department, at
28    its expense, shall preserve a record of all proceedings at  a
29    formal hearing conducted pursuant to Section 105 of this Act.
30    The  notice of hearing, complaint, and all other documents in
31    the nature of pleadings and  written  motions  filed  in  the
32    proceedings,  the  transcript of testimony, the report of the
33    Department or hearing officer, and orders of  the  Department
                            -15-               LRB9200793ACtm
 1    shall  be  the record of the proceeding. The Department shall
 2    supply a transcript of the record to a person  interested  in
 3    the  hearing on payment of the fee required under Section 60f
 4    of the Civil Administrative Code of Illinois.

 5        Section 115. Order for production of documents. A circuit
 6    court  may,  upon  application  of  the  Department  or   its
 7    designee,  or  of  the  applicant  or  licensee  against whom
 8    proceedings pursuant to Section 105 of this Act are  pending,
 9    enter  an  order  requiring  the  attendance of witnesses and
10    their testimony and  the  production  of  documents,  papers,
11    files,  books,  and  records  in connection with a hearing or
12    investigation authorized by this Act.  The court  may  compel
13    obedience to its order through contempt proceedings.

14        Section 120. Subpoena power. The Department has the power
15    to  subpoena and bring before it any person in this State and
16    to take testimony orally or by deposition, with the same fees
17    and mileage and in the same manner as prescribed  by  law  in
18    judicial proceedings in civil cases in circuit courts of this
19    State.  The  Director shall have the authority to administer,
20    at any hearing that the Department is authorized  to  conduct
21    under  this  Act,  oaths  to  witnesses  and any  other oaths
22    authorized to be administered by the  Department  under  this
23    Act.

24        Section  125.   Disciplinary report. At the conclusion of
25    the hearing, the Department shall present to the  Director  a
26    written  report  of its findings of fact, conclusions of law,
27    and recommendations.  In the  report,  the  Department  shall
28    make  a  finding  of  whether  or not the charged licensee or
29    applicant violated a provision of this Act or its  rules  and
30    shall  specify  the  nature  of  the violation. In making its
31    recommendations for discipline, the Department may take  into
                            -16-               LRB9200793ACtm
 1    consideration  all  facts  and circumstances bearing upon the
 2    reasonableness of the  conduct  of  the  respondent  and  the
 3    potential  for  future  harm to the public, including but not
 4    limited to previous discipline  of  that  respondent  by  the
 5    Department,   intent,  degree  of  harm  to  the  public  and
 6    likelihood of harm in the future, any restitution  made,  and
 7    whether  the incident or incidents complained of appear to be
 8    isolated  or  a   pattern   of   conduct.   In   making   its
 9    recommendations  for discipline, the Department shall seek to
10    ensure that the severity of the discipline recommended  bears
11    some   reasonable   relationship   to  the  severity  of  the
12    violation.

13        Section 130.  Motion for rehearing.  In a case  involving
14    the  refusal   to  issue or renew a license or the discipline
15    of a licensee, a copy of the  Department's  report  shall  be
16    served  upon   the   respondent   by  the Department,  either
17    personally or as provided under Section 20 of  this  Act  for
18    the service of the notice of hearing.  Within 20  days  after
19    the  service,  the respondent may present to the Department a
20    motion in writing for a rehearing, which  shall  specify  the
21    particular  grounds  for  a  rehearing.  If  no  motion   for
22    rehearing  is   filed,  then  upon the expiration of the time
23    specified for filing the motion, or if a motion for rehearing
24    is denied, then upon the denial the Director  may  enter   an
25    order    in   accordance    with   recommendations   of   the
26    Department, except as provided in Section 135 or 140 of  this
27    Act.    If the  respondent  orders a transcript of the record
28    from the reporting service and pays for the transcript within
29    the time for filing a motion for rehearing, the 20-day period
30    within which such a motion may be filed shall  commence  upon
31    the delivery  of  the transcript to the respondent.

32        Section 135.  Order of Director.
                            -17-               LRB9200793ACtm
 1        (a)   The  Director  shall  issue an order concerning the
 2    disposition of the charges (i) following  the  expiration  of
 3    the filing period granted under Section 130 of this Act if no
 4    motion for rehearing is filed or (ii) following a denial of a
 5    timely motion for rehearing.
 6        (b)    The   Director's  order  shall  be  based  on  the
 7    recommendations contained in the  Department  report  unless,
 8    after  giving  due  consideration to the Department's report,
 9    the Director disagrees in any regard with the report  of  the
10    Department,  in  which  case  he or she may issue an order in
11    contravention of the report. The  Director  shall  provide  a
12    written  report  to  the Department on any deviation from the
13    Department's report and shall specify with particularity  the
14    reasons  for  his  or  her deviation in the final order.  The
15    Department's report and Director's order are  not  admissible
16    in  evidence  against  the  person  in a criminal prosecution
17    brought for a violation of this Act, but the hearing, report,
18    and order are not a bar to a criminal prosecution brought for
19    the violation of this Act.

20        Section 140. Hearing officer. The Director shall have the
21    authority to appoint an attorney licensed to practice law  in
22    this  State  to  serve  as  the  hearing officer in a hearing
23    authorized under Section 105 of this Act. The hearing officer
24    shall have  full  authority  to  conduct  the  hearing.   The
25    hearing  officer  shall  report  his or her findings of fact,
26    conclusions of law, and recommendations to the Department. If
27    the Director disagrees in any regard with the report  of  the
28    Department,  he or she may issue an order in contravention of
29    the report. The  Director shall provide a written explanation
30    to the Department on a deviation from the Department's report
31    and shall specify with particularity the reasons for  his  or
32    her deviation in the final order.
                            -18-               LRB9200793ACtm
 1        Section 145. Rehearing on order of Director. Whenever the
 2    Director  is  not satisfied that substantial justice has been
 3    achieved in the discipline of a licensee,  the  Director  may
 4    order a rehearing by the same or another hearing officer.

 5        Section  150.  Order;  prima  facie  proof. An order or a
 6    certified copy of an order, over the seal of  the  Department
 7    and  purporting  to be signed by the Director, shall be prima
 8    facie proof that:
 9        (1)  the  signature  is  the  genuine  signature  of  the
10    Director; and
11        (2)  the Director is duly appointed and qualified.

12        Section 155. Restoration of license. At  any  time  after
13    the suspension or revocation of a license, the Department may
14    restore it to the licensee unless, after an investigation and
15    a  hearing, the Department determines that restoration is not
16    in the public interest. Where circumstances of suspension  or
17    revocation   so  indicate,  the  Department  may  require  an
18    examination of the  licensee  before  restoring  his  or  her
19    license.

20        Section 160. Surrender of license. Upon the revocation or
21    suspension  of  a  license,  the  licensee  shall immediately
22    surrender the license to  the  Department.  If  the  licensee
23    fails  to do so, the Department shall have the right to seize
24    the license.

25        Section  165.  Temporary  suspension.  The  Director  may
26    temporarily suspend  the  license  of  a  surgical  assistant
27    without  a    hearing, simultaneously with the institution of
28    proceedings for a hearing provided for in Section 105 of this
29    Act, if the Director  finds  that  evidence  in  his  or  her
30    possession  indicates  that  continuation  in  practice would
                            -19-               LRB9200793ACtm
 1    constitute an imminent danger to the public. If the  Director
 2    temporarily  suspends  a license without a hearing, a hearing
 3    by the Department shall be held  within  30  days  after  the
 4    suspension  has  occurred  and  shall  be  concluded  without
 5    appreciable delay.

 6        Section 170.  Certificate of record. The Department shall
 7    not  be  required to certify any record to a Court or file an
 8    answer in court or otherwise appear in a court in a  judicial
 9    review  proceeding  unless  there is filed in the court, with
10    the complaint, a receipt from  the  Department  acknowledging
11    payment of the costs of furnishing and certifying the record.
12    Failure  on  the  part  of the plaintiff to file a receipt in
13    court shall be grounds for dismissal of the action.

14        Section  175.  Administrative  Review  Law.   All   final
15    administrative  decisions  of  the  Department are subject to
16    judicial review under the Administrative Review Law  and  its
17    rules.  The  term  "administrative decision" is defined as in
18    Section 3-101 of the Code of Civil Procedure. Proceedings for
19    judicial review shall be commenced in the  circuit  court  of
20    the  county in which the party seeking review resides. If the
21    party seeking review is not a resident of this  State,  venue
22    shall be in Sangamon County.

23        Section  180.  Criminal penalties.  A person who is found
24    to  have knowingly violated Section 40, 65, or subsection (a)
25    of Section 185 of this Act is guilty of a Class A misdemeanor
26    for a first offense and is guilty of a Class 4  felony for  a
27    second or subsequent offense.

28        Section   185.   Unlicensed  practice;  civil  penalties.
29        (a)  No person shall practice, offer to practice, attempt
30    to practice, or hold  himself or herself out to practice as a
                            -20-               LRB9200793ACtm
 1    surgical assistant without a license issued by the Department
 2    to that person under this Act.
 3        (b)  In addition to any other penalty provided by law,  a
 4    person who  violates subsection (a) of this Section shall pay
 5    a  civil penalty to the Department in an amount not to exceed
 6    $5,000 for each offense as determined  by  the    Department.
 7    The  civil   penalty   shall   be  assessed by the Department
 8    after a  hearing is held in accordance  with  the  provisions
 9    set   forth  in   this   Act  regarding  a  hearing  for  the
10    discipline of a licensee.
11        (c)  The  Department  has  the  authority  and  power  to
12    investigate any and all unlicensed activity.
13        (d)   The  civil penalty assessed under this Act shall be
14    paid within 60 days after the effective date of    the  order
15    imposing  the   civil  penalty.  The order shall constitute a
16    judgment and  may be filed and execution had on the  judgment
17    in the same manner as a  judgment from a court of record.

18        Section  190.   Home  rule  powers.   The  regulation and
19    licensing of surgical  assistants are  exclusive  powers  and
20    functions of the State.  A home rule unit  shall not regulate
21    or license surgical assistants.  This Section is a limitation
22    under    subsection  (h)  of  Section 6 of Article VII of the
23    Illinois Constitution.

24        Section 950.  The Regulatory Sunset  Act  is  amended  by
25    adding  Section 4.22 as follows:

26        (5 ILCS 80/4.22 new)
27        Sec.  4.22.   Act  repealed  on  January  1,  2012.   The
28    following Act is  repealed on January 1, 2012:
29        The Surgical Assistant Practice Act.

30        Section 960. The Perfusionist Licensing Act is amended by
                            -21-               LRB9200793ACtm
 1    changing Section 25 as follows:

 2        (225 ILCS 125/25)
 3        Sec. 25.  Board of Perfusion and Surgical Assisting.  The
 4    Director  shall  appoint  a  Board  of Perfusion and Surgical
 5    Assisting to consist of 6 5 persons who shall be appointed by
 6    and shall serve in an advisory capacity to the Director.  Two
 7    members must hold an active license to engage in the practice
 8    of perfusion in this State, one member must  be  a  physician
 9    licensed  under the Medical Practice Act of 1987 who is board
10    certified  in  and  actively  engaged  in  the  practice   of
11    cardiothoracic   surgery,  one  member  must  be  a  licensed
12    registered professional nurse certified by the Association of
13    Operating Room Nurses, one member must be  actively  licensed
14    as a surgical assistant under the Surgical Assistant Practice
15    Act, and one member must be a member of the public who is not
16    licensed under this Act, the Surgical Assistant Practice Act,
17    or  a  similar  Act  of  another  jurisdiction and who has no
18    connection with the profession.  The initial  appointees  who
19    would  otherwise  be  required  to  be licensed perfusionists
20    shall  instead  be  individuals  who  have  been   practicing
21    perfusion  for  at  least  5 years and who are eligible under
22    this Act for licensure as perfusionists.
23        Members  shall  serve  4-year  terms  and   until   their
24    successors  are  appointed and qualified, except that, of the
25    initial appointments, 2 members shall be appointed  to  serve
26    for  2  years,  2  members  shall be appointed to serve for 3
27    years, and 2 1 member shall  be  appointed  to  serve  for  4
28    years,   and   until   their  successors  are  appointed  and
29    qualified.  No member shall be reappointed to the Board for a
30    term that would cause his or her continuous  service  on  the
31    Board to be longer than 8 consecutive years.  Appointments to
32    fill  vacancies  shall be made in the same manner as original
33    appointments for the unexpired portion of the  vacated  term.
                            -22-               LRB9200793ACtm
 1    Initial  terms  shall  begin  upon the effective date of this
 2    Act.
 3        The Board  shall  annually  elect  a  chairperson  and  a
 4    vice-chairperson  who  shall  preside  in  the absence of the
 5    chairperson.  The membership of the Board  should  reasonably
 6    reflect  representation  from the various geographic areas in
 7    this State.  The Director may terminate  the  appointment  of
 8    any   member   for   cause.    The   Director  may  give  due
 9    consideration  to  all  recommendations  of  the  Board.    A
10    majority  of  the  Board  members  currently  appointed shall
11    constitute a quorum.  A vacancy  in  the  membership  of  the
12    Board  shall not impair the right of a quorum to exercise the
13    rights and perform all the duties of the Board.   Members  of
14    the  Board  shall  have no liability in any action based upon
15    any disciplinary proceeding or other  activity  performed  in
16    good faith as a member of the Board.
17    (Source: P.A. 91-580, eff. 1-1-00.)

18        Section  999.  Effective  date.  This  Act  takes  effect
19    January 1, 2002.

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