State of Illinois
92nd General Assembly
Legislation

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92_HB4255enr

 
HB4255 Enrolled                                LRB9212746ACsb

 1        AN ACT concerning the regulation of professions.

 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    Electrologist Licensing Act.

 6        Section 5.  Purposes.  The practice of electrology in the
 7    State  of  Illinois  is  hereby declared to affect the public
 8    health, safety, and welfare and to be subject  to  regulation
 9    and control in the public interest.
10        It  is  declared  to  be  a  matter  of public health and
11    concern that the practice of electrology, as defined in  this
12    Act,  merit and receive the confidence of the public and that
13    only  qualified  persons  be  authorized   to   practice   as
14    electrologists  in  the State of Illinois.  This Act shall be
15    liberally construed to best  carry  out  these  subjects  and
16    purposes.

17        Section 10.  Definitions.  In this Act:
18        "Department"   means   the   Department  of  Professional
19    Regulation.
20        "Director" means the Director of Professional Regulation.
21        "Electrologist" means an individual licensed to  practice
22    electrology pursuant to the provisions of this Act.
23        "Electrology"  means the practice or teaching of services
24    for  permanent  hair  removal  utilizing  only  solid   probe
25    electrode  type  epilation,  which  may  include  thermolysis
26    (shortwave,  high  frequency),  electrolysis (galvanic), or a
27    combination of both (superimposed or sequential blend).

28        Section 15. License required. Beginning January 1,  2004,
29    no person shall engage in the practice of electrology or hold
 
HB4255 Enrolled             -2-                LRB9212746ACsb
 1    himself  or  herself  out  as  an electrologist in this State
 2    without a license issued by the Department under this Act.

 3        Section 20.  Exemptions.  This Act does not prohibit:
 4        (1)  A person licensed in this State under any other  Act
 5    from  engaging  in  the  practice  for  which  that person is
 6    licensed.
 7        (2)  The practice of  electrology  by  a  person  who  is
 8    employed  by  the  United  States  government  or any bureau,
 9    division, or agency thereof while in  the  discharge  of  the
10    employee's official duties.
11        (3)  The practice of electrology included in a program of
12    study by students enrolled in schools or in refresher courses
13    approved  by  the  Department.   Nothing in this Act shall be
14    construed to prevent a person functioning as an assistant  to
15    a  person  licensed  to practice medicine in all its branches
16    from providing electrology services.

17        Section 23.  Scope of practice.
18        (a)  The scope of practice of an electrologist is limited
19    to the following:
20             (1)  The application of an antiseptic on the area of
21        the  individual's  skin  to  which  electrology  will  be
22        applied.
23             (2)  The use of  a  sterile  needle/probe  electrode
24        type epilation, which includes (i) electrolysis, known as
25        direct current/DC, (ii) thermolysis, known as alternating
26        current/AC,  or  (iii) a combination of both electrolysis
27        and thermolysis,  known  as  superimposed  or  sequential
28        blend.
29        (b)  Nothing  in this Act shall be construed to authorize
30    an electrologist to use surgery including but not limited  to
31    the  use  of  any  laser  technology.  An electrologist shall
32    refer to a licensed physician any individual whose condition,
 
HB4255 Enrolled             -3-                LRB9212746ACsb
 1    at the time of evaluation or service,  is  determined  to  be
 2    beyond the scope of practice of the electrologist, such as an
 3    individual with signs of infection or bleeding.

 4        Section   25.  Application.   Applications  for  original
 5    licenses shall be made to the Department in writing on  forms
 6    prescribed  by the Department and shall be accompanied by the
 7    required fee, which is not refundable.  The application shall
 8    require  any  information  as,  in  the   judgment   of   the
 9    Department,  will  enable  the  Department  to  pass  on  the
10    qualifications   of   the   applicant  for  a  license.   The
11    application  shall  include  evidence  of   passage   of   an
12    examination recognized by the Department.

13        Section  30. Qualifications for licensure. A person shall
14    be qualified for licensure as an electrologist if that person
15    has met all of the following requirements:
16             (1)  Has applied in writing on the prescribed  forms
17        and has paid the required fees.
18             (2)  Has  not  violated  any  of  the  provisions of
19        Section 75 of this Act or  the  rules  promulgated  under
20        this  Act.  The  Department shall take into consideration
21        any felony conviction of the applicant, but a  conviction
22        shall not operate as an absolute bar to licensure.
23             (3)  Is at least 18 years of age.
24             (4)  Has  received his or her high school diploma or
25        equivalent.
26             (5)  Has completed a total of 600 hours in the study
27        of electrology over a period of not less  than  16  weeks
28        nor  more  than 2 consecutive years at a program approved
29        by the Department.
30             (6)  Has  successfully  completed   an   examination
31        approved  by  the  Department  that tests the applicant's
32        knowledge  of  the  theory  and  clinical   practice   of
 
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 1        electrology.

 2        Section   32.   Social   Security   number   on   license
 3    application. In addition to any other information required to
 4    be  contained  in  the  application, every application for an
 5    original, renewal, or restored license under this  Act  shall
 6    include the applicant's social security number.

 7        Section  33.  Grandfather  provision.  For a period of 12
 8    months after the filing of the original administrative  rules
 9    adopted under this Act, the Department may issue a license to
10    any  individual  who, in addition to meeting the requirements
11    set forth in paragraphs (1), (2), (3), and (4) of Section 30,
12    can document employment as an electrologist and has  received
13    remuneration  for  practicing  electrology  for a period of 3
14    years and can show proof of one of the following: (i) current
15    board certification by a national electrology certifying body
16    approved  by  the  Department;  or  (ii)  completion  of   75
17    continuing  education  units  in  electrology approved by the
18    Department.

19        Section 35. Powers and duties of the Department.
20        (a) The Department shall exercise the powers  and  duties
21    prescribed  by  the Civil Administrative Code of Illinois for
22    the administration of licensing Acts and shall  exercise  any
23    other  powers  and  duties  necessary  for  effectuating  the
24    purposes of this Act.
25        (b)  The  Department  may adopt rules consistent with the
26    provisions of this Act for its administration and enforcement
27    and may prescribe forms that shall be  issued  in  connection
28    with  this  Act. The rules may include but are not limited to
29    standards and criteria for licensure,  professional  conduct,
30    and discipline.
 
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 1        Section  40.  Administrative Procedure Act.  The Illinois
 2    Administrative Procedure Act is hereby expressly adopted  and
 3    incorporated  in  this Act as if all of the provisions of the
 4    Illinois Administrative Procedure Act where included in  this
 5    Act,  except  that  the provision of paragraph (c) of Section
 6    10-65 of the Illinois  Administrative  Procedure  Act,  which
 7    provides  that at hearings the licensee has the right to show
 8    compliance  with  all  lawful  requirements  for   retention,
 9    continuation,  or  renewal  of  the  license, is specifically
10    excluded.  For the purposes of this Act, the notice  required
11    under  Section 10-25 of the Illinois Administrative Procedure
12    Act is considered to be sufficient when mailed  to  the  last
13    known address of the party.

14        Section  50.  Issuance of license.  Upon the satisfactory
15    completion of the application and examination procedures, and
16    compliance with the applicable rules of the  Department,  the
17    Department  shall  issue  an  electrologist  license  to  the
18    qualifying applicant.

19        Section  55.  Endorsement.   Pursuant to the rules of the
20    Department, upon payment of the required  fee,  an  applicant
21    who has been licensed in another state that has substantially
22    the  same  requirements as those required for licensure under
23    the provisions of this Act may be granted  a  license  as  an
24    electrologist.

25        Section 60.  Renewal; armed service duty.  The expiration
26    date  and  renewal  period for each license issued under this
27    Act shall be set by rule.   Renewal shall be  conditioned  on
28    paying the required fee and meeting other requirements as may
29    be  established by rule. All renewal applicants shall provide
30    proof of having met  the  continuing  education  requirements
31    approved by the Department consisting of the equivalent of 30
 
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 1    hours of continuing education every 24 months. The continuing
 2    education  requirement  may be waived in part or in whole for
 3    such good cause, including but  not  limited  to  illness  or
 4    hardship, as may be determined by rule.
 5        Any  electrologist  who has permitted a license to expire
 6    or who has a license on inactive status may have the  license
 7    restored  by  submitting  an  application  to the Department,
 8    filing proof acceptable to the Department of fitness to  have
 9    the license restored, and paying the required fees.  Proof of
10    fitness  may  include  sworn  evidence  certifying  to active
11    lawful practice in another jurisdiction.
12        The Department shall determine, by an evaluation  process
13    established  by rule, a person's fitness for restoration of a
14    license and shall establish procedures and  requirements  for
15    restoration.
16        Any  electrologist  whose  license  expired  while (i) on
17    active duty with the Armed Forces of the  United  States,  or
18    the State Militia called into service or training, or (ii) in
19    training  or  education  under  the supervision of the United
20    States preliminary to induction into  the  military  service,
21    may  have  the  license  restored  without  paying any lapsed
22    renewal fees if, within 2 years after  honorable  termination
23    of service, training or education, the licensee furnishes the
24    Department  with satisfactory evidence to the effect that the
25    licensee has been so engaged and that the service,  training,
26    or education has been so terminated.

27        Section  65.  Inactive  status.   Any  electrologist  who
28    notifies the Department in writing on forms prescribed by the
29    Department  may  elect  to place a license on inactive status
30    and shall, subject to rules of  the  Department,  be  excused
31    from payment of renewal fees until the Department is notified
32    in writing of the intention to restore the license.
33        An  electrologist  requesting  restoration  from inactive
 
HB4255 Enrolled             -7-                LRB9212746ACsb
 1    status shall be required to pay the current renewal  fee  and
 2    shall be required to follow procedures to restore the license
 3    as provided in Section 60 of this Act.
 4        An  electrologist  whose  license  is  on inactive status
 5    shall not practice in the State of Illinois.
 6        A licensee who engages in practice with a lapsed  license
 7    or  a  license  on  inactive status shall be considered to be
 8    practicing without a license,  which  shall  be  grounds  for
 9    discipline under Section 75 of this Act.

10        Section 70. Fees; returned checks.
11        (a)  The  Department shall provide by rule for a schedule
12    of fees for the administration and enforcement of  this  Act,
13    including but not limited to original licensure, renewal, and
14    restoration. The fees shall be nonrefundable.
15        (b)  All fees collected under this Act shall be deposited
16    into  the  General  Professions  Dedicated  Fund and shall be
17    appropriated  to  the  Department  for   the   ordinary   and
18    contingent  expenses  of the Department in the administration
19    of this Act.
20        (c)  A person who delivers a check or  other  payment  to
21    the  Department  that is returned to the Department unpaid by
22    the financial institution upon which it is drawn shall pay to
23    the Department, in addition to the amount already owed to the
24    Department, a fine of $50. The fines imposed by this  Section
25    are  in  addition to any other discipline provided under this
26    Act for unlicensed  practice  or  practice  on  a  nonrenewed
27    license. The Department shall notify the person that fees and
28    fines  shall  be paid to the Department by certified check or
29    money order within 30 calendar days of the notification.  If,
30    after  the  expiration  of  30  days  from  the  date  of the
31    notification, the person has failed to submit  the  necessary
32    remittance,  the Department shall automatically terminate the
33    license or deny the application without  a  hearing.  If  the
 
HB4255 Enrolled             -8-                LRB9212746ACsb
 1    person seeks a license after termination or denial, he or she
 2    shall  apply to the Department for restoration or issuance of
 3    the license and pay all fees and fines due to the Department.
 4    The Department may establish a fee for the processing  of  an
 5    application  for  restoration  of  a  license  to  defray the
 6    expenses of processing  the  application.  The  Director  may
 7    waive the fines due under this Section in individual cases if
 8    the  Director  finds  that the fines would be unreasonable or
 9    unnecessarily burdensome.

10        Section 75.  Grounds for discipline.
11        (a)  The Department may refuse to issue or renew and  may
12    revoke  or suspend a license under this Act, and may place on
13    probation, censure, reprimand,  or  take  other  disciplinary
14    action  with  regard  to any licensee  under this Act, as the
15    Department may consider proper,  including  the  issuance  of
16    fines not to exceed $5,000 for each violation, for one or any
17    combination of the following causes:
18             (1)  Material misstatement in furnishing information
19        to the Department.
20             (2)  Violation of this Act or its rules.
21             (3)  Conviction  of any felony under the laws of any
22        U.S. jurisdiction, any misdemeanor an  essential  element
23        of  which  is  dishonesty,  or any crime that is directly
24        related to the practice of the profession.
25             (4)  Making any misrepresentation for the purpose of
26        obtaining a license.
27             (5)  Aiding or assisting another person in violating
28        any provision of this Act or its rules.
29             (6)  Failing to provide information within  60  days
30        in response to a written request made by the Department.
31             (7)  Engaging   in   dishonorable,   unethical,   or
32        unprofessional  conduct of a character likely to deceive,
33        defraud, or harm the public.
 
HB4255 Enrolled             -9-                LRB9212746ACsb
 1             (8)  Habitual  or  excessive  use  or  addiction  to
 2        alcohol, narcotics, stimulants,  or  any  other  chemical
 3        agent   or   drug  that  results  in  an  electrologist's
 4        inability to practice with reasonable  judgement,  skill,
 5        or safety.
 6             (9)  Discipline  by  another  U.S.  jurisdiction  or
 7        foreign  nation  if  at  least  one  of  the  grounds for
 8        discipline is the same as or substantially equivalent  to
 9        any of those set forth in this Act.
10             (10)  Directly  or indirectly giving to or receiving
11        from  any  person,  firm,  corporation,  partnership,  or
12        association any fee, commission, rebate, or other form of
13        compensation for any professional services  not  actually
14        or personally rendered.
15             (11)  A finding by the Department that the licensee,
16        after  having  his  or her license placed on probationary
17        status, has violated the terms of probation.
18             (12)  Abandonment of a patient.
19             (13)  Willfully making or filing  false  records  or
20        reports  in  the  licensee's practice, including, but not
21        limited to, false records filed with  State  agencies  or
22        departments.
23             (14)  Physical  illness,  including, but not limited
24        to, deterioration through the aging  process or  loss  of
25        motor skill that results in the inability to practice the
26        profession with reasonable judgment, skill, or safety.
27             (15)  Gross  negligence in his or her practice under
28        this Act.
29             (16)  Use of fraud, deception, or any unlawful means
30        in  applying  for  and   securing   a   license   as   an
31        electrologist.
32             (17)  Immoral  conduct in the commission of any act,
33        such  as  sexual  abuse,  sexual  misconduct,  or  sexual
34        exploitation, related to the licensee's practice.
 
HB4255 Enrolled             -10-               LRB9212746ACsb
 1             (18)  Failure   to   comply   with   standards    of
 2        sterilization  and  sanitation as defined in the rules of
 3        the Department.
 4        (b)  The Department may refuse to issue or renew  or  may
 5    suspend the license of any person who fails to file a return,
 6    to  pay the tax, penalty or interest shown in a filed return,
 7    or to pay any  final  assessment  of  the  tax,  penalty,  or
 8    interest  as  required  by  any  tax  Act administered by the
 9    Illinois Department of Revenue until the requirements of  the
10    tax Act are satisfied.
11        (c)  The determination by a circuit court that a licensee
12    is  subject to involuntary admission or judicial admission as
13    provided in the Mental Health and Developmental  Disabilities
14    Code  operates  as  an  automatic suspension.  The suspension
15    will end only upon a finding by a court that the  patient  is
16    no  longer  subject  to  involuntary  admission  or  judicial
17    admission,   the   issuance   of  an  order  so  finding  and
18    discharging  the  patient,  and  the  recommendation  of  the
19    Committee to the Director that the  licensee  be  allowed  to
20    resume his or her practice.
21        (d)  In  enforcing  this  Section,  the Department upon a
22    showing  of  a  possible  violation  may  compel  any  person
23    licensed to practice under this Act or who  has  applied  for
24    licensure  or certification pursuant to this Act to submit to
25    a mental or physical examination, or both, as required by and
26    at the expense of the Department.  The  examining  physicians
27    shall be those specifically designated by the Department. The
28    Department  may  order  the  examining  physician  to present
29    testimony concerning this mental or physical  examination  of
30    the  licensee  or applicant. No information shall be excluded
31    by reason of any common law or statutory  privilege  relating
32    to  communications  between the licensee or applicant and the
33    examining physician. The person to be examined may  have,  at
34    his  or  her  own  expense,  another  physician of his or her
 
HB4255 Enrolled             -11-               LRB9212746ACsb
 1    choice present during all aspects of the examination. Failure
 2    of any person to submit to a mental or physical  examination,
 3    when  directed,  shall be grounds for suspension of a license
 4    until the person submits to the examination if the Department
 5    finds, after notice and hearing, that the refusal  to  submit
 6    to the examination was without reasonable cause.
 7        If  the Department finds an individual unable to practice
 8    because of  the  reasons  set  forth  in  this  Section,  the
 9    Department  may  require  that  individual to submit to care,
10    counseling, or treatment by physicians approved or designated
11    by the Department, as a condition, term, or  restriction  for
12    continued,  reinstated, or renewed licensure to practice; or,
13    in lieu of care, counseling, or treatment, the Department may
14    file a complaint to immediately suspend, revoke, or otherwise
15    discipline the license of the individual.
16        Any  person  whose  license   was   granted,   continued,
17    reinstated,  renewed,  disciplined  or  supervised subject to
18    such terms, conditions or  restrictions,  and  who  fails  to
19    comply  with such terms, conditions or restrictions, shall be
20    referred to the Director for a determination  as  to  whether
21    the   person   shall   have  his  or  her  license  suspended
22    immediately, pending a hearing by the Department.
23        In instances in which the Director immediately suspends a
24    person's license  under  this  Section,  a  hearing  on  that
25    person's license must be convened by the Department within 15
26    days  after  the suspension and completed without appreciable
27    delay. The Department shall have the authority to review  the
28    subject person's record of treatment and counseling regarding
29    the impairment, to the extent permitted by applicable federal
30    statutes  and regulations safeguarding the confidentiality of
31    medical records.
32        A person licensed under this Act and affected under  this
33    Section  shall  be  afforded an opportunity to demonstrate to
34    the  Department  that  he  or  she  can  resume  practice  in
 
HB4255 Enrolled             -12-               LRB9212746ACsb
 1    compliance with acceptable and prevailing standards under the
 2    provisions of his or her license.

 3        Section 85.  Violations; injunctions.
 4        (a)  If any person violates any provision  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 of 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    bond,  and  may  preliminarily  and  permanently  enjoin  the
13    violation.  If it is established that the person has violated
14    or is violating the injunction,  the  Court  may  punish  the
15    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)  If  a  person practices as an electrologist or holds
19    himself or herself out  as  an  electrologist  without  being
20    licensed  under the provisions of this Act, then any licensed
21    electrologist, any interested party, or  any  person  injured
22    thereby may, in addition to the Director, petition for relief
23    as provided in subsection (a) of this Section.
24        (c)  Whenever, in the opinion of the Department, a person
25    violates  any provision of this Act, the Department may issue
26    a rule to show cause why an order to cease and desist  should
27    not  be  entered against that person.  The rule shall clearly
28    set forth the grounds relied upon by the Department and shall
29    provide a period of 7 days after the date of the rule to file
30    an answer to the satisfaction of the Department.  Failure  to
31    answer  to  the satisfaction of the Department shall cause an
32    order to cease and desist to be issued immediately.
 
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 1        Section 90.  Investigations; notice and hearing.
 2        (a)  The Department may investigate  the  actions  of  an
 3    applicant or a person holding or claiming to hold a license.
 4        (b)  Before  refusing  to  issue  or  renew  a license or
 5    disciplining  a licensed electrologist pursuant to Section 75
 6    of this Act, the  Department  shall  notify  in  writing  the
 7    applicant  or  the  licensee of the nature of the charges and
 8    that a hearing will be held on  the  date  designated,  which
 9    shall  be  at least 30 days after the date of the notice. The
10    Department shall direct the applicant or licensee to  file  a
11    written  answer  to  the Department under oath within 20 days
12    after the service of the notice and inform the  applicant  or
13    licensee  that  failure  to  file  an  answer  will result in
14    default being taken against the  applicant  or  licensee  and
15    that  the  license  may  be  suspended,  revoked,  placed  on
16    probationary  status,  or  other  disciplinary  action may be
17    taken, including limiting the scope,  nature,  or  extent  of
18    business as the Director may deem proper.  Written notice may
19    be  served  by  personal  delivery or certified or registered
20    mail sent to the respondent at the  most  recent  address  on
21    record with the Department.
22        If  the  applicant  or  licensee  fails to file an answer
23    after receiving notice, the license may, in the discretion of
24    the  Department,  be  suspended,  revoked,   or   placed   on
25    probationary  status,  or  the  Department  may take whatever
26    disciplinary action it  deems  proper  including  imposing  a
27    civil  penalty,  without a hearing if the act or acts charged
28    constitute sufficient ground for such action under this Act.
29        At the time and place fixed in the notice, the Department
30    shall proceed to hear the charges, and the parties  or  their
31    counsel  shall  be accorded ample opportunity to present such
32    statements, testimony,  evidence,  and  argument  as  may  be
33    pertinent to the charges or to their defense.  The Department
34    may continue a hearing from time to time.
 
HB4255 Enrolled             -14-               LRB9212746ACsb
 1        Section  95.  Stenographer;  transcript.  The Department,
 2    at its expense, shall preserve a record of all proceedings at
 3    the formal hearing of any case involving the refusal to issue
 4    or  renew  a  license  or  the  discipline  of   a   licensed
 5    electrologist.  The  notice  of  hearing,  complaint, and all
 6    other documents in the nature of pleadings,  written  motions
 7    filed  in  the  proceedings, the transcript of testimony, the
 8    report  of  the  hearing  officer,  and  the  order  of   the
 9    Department shall be the record of the proceeding.

10        Section  100.  Required  testimony.   Upon application of
11    the Department or its designee, or of the person against whom
12    proceedings pursuant to Section 75 of this Act  are  pending,
13    any   circuit  court  may  enter  an  order  requiring    the
14    attendance  of  witnesses  and  their  testimony,   and   the
15    production  of documents, paper, files, books, and records in
16    connection with any hearing or investigation. The  court  may
17    compel obedience to its order by proceedings for contempt.

18        Section  105.  Subpoena power; oaths.  The Department has
19    power to subpoena and bring before  it  any  person  in  this
20    State  and to take testimony either orally, by deposition, or
21    both, with the same fees and mileage and in the  same  manner
22    as  prescribed  by law in judicial proceedings in civil cases
23    in circuit courts of this State.
24        The Director and hearing officers may administer oaths to
25    witnesses at any hearing that the Department is authorized to
26    conduct under this  Act  and  any  other  oaths  required  or
27    authorized to be administered by the Department.

28        Section   110.  Findings  and  recommendations.   At  the
29    conclusion of the hearing, the hearing officer shall  present
30    to  the  Director  a  written  report  of  its  findings  and
31    recommendations.   The  report  shall  contain  a  finding of
 
HB4255 Enrolled             -15-               LRB9212746ACsb
 1    whether or not the accused  applicant  or  licensee  violated
 2    this  Act or failed to comply with the conditions required in
 3    this Act.   The hearing officer shall specify the  nature  of
 4    the  violation  or  failure  to  comply,  and  shall make its
 5    recommendations to the Director.
 6        The report of the findings  and  recommendations  of  the
 7    hearing officer shall be the basis for the Department's order
 8    of  refusal  or  for  the  granting  of  licensure unless the
 9    Director determines that  the  hearing  officer's  report  is
10    contrary  to  the  manifest  weight of the evidence, in which
11    case the Director may issue an order in contravention of  the
12    hearing  officer's  report.  The finding is not admissible in
13    evidence against the applicant  or  licensee  in  a  criminal
14    prosecution  brought  for  the violation of this Act, but the
15    hearing and finding are not a bar to a  criminal  prosecution
16    brought for the violation of this Act.

17        Section  115.  Hearing  officer.   The  Director  has the
18    authority to appoint an attorney duly  licensed  to  practice
19    law  in  this  State  to  serve  as the hearing officer in an
20    action for refusal to issue or renew a  license  or  for  the
21    discipline  of a licensed electrologist.  The hearing officer
22    shall have  full  authority  to  conduct  the  hearing.   The
23    hearing   officer  shall  report  his  or  her  findings  and
24    recommendations to the Director.

25        Section  120.  Motion  for  rehearing.    In   any   case
26    involving  the  refusal  to  issue or renew a license, or the
27    discipline of a licensee, a copy  of  the  hearing  officer's
28    report   shall   be  served  upon    the  respondent  by  the
29    Department, either personally or as provided in this Act  for
30    the  service  of the notice of hearing.  Within 20 days after
31    service, the respondent  may  present  to  the  Department  a
32    motion  in  writing  for  a rehearing which shall specify the
 
HB4255 Enrolled             -16-               LRB9212746ACsb
 1    particular grounds for rehearing.  If no motion for rehearing
 2    is filed, then upon the expiration of the time specified  for
 3    filing a motion, or if a motion for rehearing is denied, then
 4    upon  denial,  the  Director may enter an order in accordance
 5    with the  recommendation  of  the  hearing  officer.  If  the
 6    respondent  orders from the reporting service, and pays for a
 7    transcript of the record within the time for filing a  motion
 8    for rehearing, the 20-day period within which a motion may be
 9    filed  shall  commence upon the delivery of the transcript to
10    the respondent.

11        Section 125.  Rehearing on order of  Director.   Whenever
12    the  Director  is  not satisfied that substantial justice has
13    been done in the revocation, suspension, or refusal to  issue
14    or renew a license, the Director may order a rehearing.

15        Section  130.  Order  or  certified  copy  as prima facie
16    proof.  An order or a certified copy thereof, over  the  seal
17    of  the  Department  and  purporting  to  be  signed  by  the
18    Director, shall be prima facie proof:
19             (1)  that  the signature is the genuine signature of
20        the Director; and
21             (2)  that  the  Director  is  duly   appointed   and
22        qualified.
23        This proof may be rebutted.

24        Section 135.  License restoration.  At any time after the
25    suspension  or  revocation  of  a  license the Department may
26    restore  it  to  the  accused   person,   unless   after   an
27    investigation  and  a  hearing the Department determines that
28    restoration is not in the public interest.

29        Section 140.  Surrender of license.  Upon the  revocation
30    or  suspension of any license, the licensee shall immediately
 
HB4255 Enrolled             -17-               LRB9212746ACsb
 1    surrender the license to the Department, and if the  licensee
 2    fails  to  do  so,  the Department has the right to seize the
 3    license.

 4        Section 145.  Temporary  suspension.   The  Director  may
 5    temporarily suspend the license of an electrologist without a
 6    hearing,  simultaneously  with the institution of proceedings
 7    for a hearing under Section 90 of this Act, if  the  Director
 8    finds  that  evidence in his or her possession indicates that
 9    continuation in practice would constitute an imminent  danger
10    to  the  public.   In the event that the Director temporarily
11    suspends a license  without  a  hearing,  a  hearing  by  the
12    Department  must  be held within 30 days after the suspension
13    has occurred, and concluded without appreciable delay.

14        Section  150.  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.
19        Proceedings for judicial review shall be commenced in the
20    circuit court of the county in which the party  applying  for
21    review resides. If the party is not a resident of this State,
22    venue shall be in Sangamon County.

23        Section  155.  Certification  of  record.  The Department
24    shall not be required to certify any  record  to  the  court,
25    file any answer in court, or otherwise appear in any court in
26    a  judicial  review  proceeding  unless there is filed in the
27    court, with the complaint,  a  receipt  from  the  Department
28    acknowledging   payment   of  the  costs  of  furnishing  and
29    certifying the record.  Failure on the part of the  plaintiff
30    to  file  a  receipt in court is grounds for dismissal of the
31    action.
 
HB4255 Enrolled             -18-               LRB9212746ACsb
 1        Section 160.  Penalties.  A person who is found  to  have
 2    knowingly  violated  any provision of this Act is guilty of a
 3    Class A misdemeanor. On conviction of a second or  subsequent
 4    offense the violator is guilty of a Class 4 felony.

 5        Section   162.   Unlicensed  practice;  violation;  civil
 6    penalty.
 7        (a)  Any  person  who  practices,  offers  to   practice,
 8    attempts  to  practice,  or  holds  oneself  out  to practice
 9    electrology without being licensed under this Act  shall,  in
10    addition  to  any  other penalty provided by law, pay a civil
11    penalty to the Department in an amount not to  exceed  $5,000
12    for  each  offense as determined by the Department. The civil
13    penalty shall be assessed by the Department after  a  hearing
14    is  held  in accordance with the provisions set forth in this
15    Act regarding the provision of a hearing for  the  discipline
16    of a licensee.
17        (b)  The  Department  has  the  authority  and  power  to
18    investigate any and all unlicensed activity.
19        (c)  The civil penalty shall be paid within 60 days after
20    the  effective  date of the order imposing the civil penalty.
21    The order shall constitute a judgment and may  be  filed  and
22    execution had thereon in the same manner as any judgment from
23    any court of record.

24        Section 165.  Deposit of fees and fines.  All of the fees
25    and  fines  collected  under this Act shall be deposited into
26    the General Professions Dedicated Fund.

27        Section 170.  Home rule.  The regulation and licensing of
28    electrologists are exclusive  powers  and  functions  of  the
29    State.   A  home  rule  unit  may  not  regulate  or  license
30    electrologists. This Section is a denial  and  limitation  of
31    home  rule  powers  and  functions  under  subsection  (h) of
 
HB4255 Enrolled             -19-               LRB9212746ACsb
 1    Section 6 of Article VII of the Illinois Constitution.

 2        Section  900.  The Regulatory Sunset Act  is  amended  by
 3    changing Section 4.24 as follows:

 4        (5 ILCS 80/4.24)
 5        Sec.  4.24.  Acts  Act  repealed on January 1, 2014.  The
 6    following Acts are Act is repealed on January 1, 2014:
 7        The Electrologist Licensing Act.
 8        The Illinois Public Accounting Act.
 9    (Source: P.A. 92-457, eff. 8-21-01.)

10        Section 905.  The Medical Practice Act of 1987 is amended
11    by changing Section 20 as follows:

12        (225 ILCS 60/20) (from Ch. 111, par. 4400-20)
13        (Section scheduled to be repealed on January 1, 2007)
14        Sec. 20.  Continuing  education.   The  Department  shall
15    promulgate rules of continuing education for persons licensed
16    under this Act that require 150 hours of continuing education
17    per  license  renewal cycle.  These rules shall be consistent
18    with  requirements  of  relevant  professional  associations,
19    speciality  societies,  or  boards.   The  rules  shall  also
20    address variances  in  part  or  in  whole  for  good  cause,
21    including  but  not  limited  to  for illness or hardship. In
22    establishing  these  rules,  the  Department  shall  consider
23    educational requirements for medical staffs, requirements for
24    specialty  society  board  certification  or  for  continuing
25    education  requirements  as  a  condition  of  membership  in
26    societies representing the 2  categories  of  licensee  under
27    this  Act.  These rules shall assure that licensees are given
28    the opportunity to participate in those programs sponsored by
29    or through their professional associations or hospitals which
30    are relevant to their practice.  Each licensee is responsible
 
HB4255 Enrolled             -20-               LRB9212746ACsb
 1    for maintaining records of completion of continuing education
 2    and shall be prepared to produce the records  when  requested
 3    by the Department.
 4    (Source: P.A. 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)

 5        Section  910.   The Nursing and Advanced Practice Nursing
 6    Act is amended by changing Section 15-45 as follows:

 7        (225 ILCS 65/15-45)
 8        (Section scheduled to be repealed on January 1, 2008)
 9        Sec. 15-45.  Continuing education.  The Department  shall
10    adopt  rules  of  continuing  education  for persons licensed
11    under  this  Title  that  require  50  hours  of   continuing
12    education  per 2-year license renewal cycle.  The rules shall
13    not be inconsistent with requirements  of  relevant  national
14    certifying   bodies   or   State   or  national  professional
15    associations. The rules shall also address variances in  part
16    or  in whole for good cause, including but not limited to for
17    illness or hardship.  The continuing  education  rules  shall
18    assure   that   licensees   are   given  the  opportunity  to
19    participate in  programs sponsored by or through their  State
20    or  national  professional  associations, hospitals, or other
21    providers  of  continuing  education.    Each   licensee   is
22    responsible   for   maintaining   records  of  completion  of
23    continuing education and shall be  prepared  to  produce  the
24    records when requested by the Department.
25    (Source: P.A. 90-742, eff. 8-13-98.)

26        Section  915.   The  Illinois  Optometric Practice Act of
27    1987 is amended by changing Section 16 as follows:

28        (225 ILCS 80/16) (from Ch. 111, par. 3916)
29        (Section scheduled to be repealed on January 1, 2007)
30        Sec.  16.  Renewal,  reinstatement  or   restoration   of
 
HB4255 Enrolled             -21-               LRB9212746ACsb
 1    licenses;  military  service. The expiration date and renewal
 2    period for each license and certificate issued under this Act
 3    shall be set by rule.
 4        All renewal applicants shall provide proof of having  met
 5    the  requirements  of  continuing  education set forth in the
 6    rules of the Department.   The  Department  shall,  by  rule,
 7    provide  for  an  orderly  process  for  the reinstatement of
 8    licenses which have not been renewed due to failure  to  meet
 9    the   continuing   education  requirements.   The  continuing
10    education requirement may be  waived  for  such  good  cause,
11    including  but  not limited to illness or in cases of extreme
12    hardship, as defined by rules of the Department.
13        The Department shall establish by rule a  means  for  the
14    verification   of  completion  of  the  continuing  education
15    required  by  this  Section.   This   verification   may   be
16    accomplished   through   audits   of  records  maintained  by
17    registrants; by requiring the filing of continuing  education
18    certificates   with   the   Department;  or  by  other  means
19    established by the Department.
20        Any optometrist who has permitted his or her  license  to
21    expire  or  who has had his or her license on inactive status
22    may have his or her license restored by making application to
23    the Department and filing proof acceptable to the  Department
24    of his or her fitness to have his or her license restored and
25    by  paying  the  required  fees.   Such  proof of fitness may
26    include evidence certifying  to  active  lawful  practice  in
27    another jurisdiction and must include proof of the completion
28    of  the  continuing  education  requirements specified in the
29    rules for  the  preceding  license  renewal  period  for  the
30    applicant's  level  of  certification that has been completed
31    during the 2 years  prior  to  the  application  for  license
32    restoration.
33        The  Department shall determine, by an evaluation program
34    established by rule, his or her fitness  for  restoration  of
 
HB4255 Enrolled             -22-               LRB9212746ACsb
 1    his  or  her  license  and  shall  establish  procedures  and
 2    requirements for such restoration.
 3        However,  any  optometrist whose license expired while he
 4    or she was (1) in Federal Service on  active  duty  with  the
 5    Armed  Forces  of  the  United  States,  or the State Militia
 6    called into service  or  training,  or  (2)  in  training  or
 7    education   under   the  supervision  of  the  United  States
 8    preliminary to induction into the military service, may  have
 9    his or her license restored without paying any lapsed renewal
10    fees  if  within  2 years after honorable termination of such
11    service, training, or education,  he  or  she  furnishes  the
12    Department  with  satisfactory evidence to the effect that he
13    or she has been so engaged  and  that  his  or  her  service,
14    training, or education has been so terminated.
15    (Source: P.A. 92-451, eff. 8-21-01.)

16        Section  920.  The Podiatric Medical Practice Act of 1987
17    is amended by changing Section 14 as follows:

18        (225 ILCS 100/14) (from Ch. 111, par. 4814)
19        (Section scheduled to be repealed on January 1, 2008)
20        Sec. 14.  Continuing  education  requirement.   Podiatric
21    physicians  licensed  to  practice  in  Illinois  shall, as a
22    requirement  for  renewal  of  license,  complete  continuing
23    education at the rate of at least 25 hours  per  year.   Such
24    hours  shall  be  earned (1) from courses offered by sponsors
25    validated  by  the  Illinois  Podiatric  Medical  Association
26    Continuing Education Committee and approved by the  Podiatric
27    Medical  Licensing  Board;  or  (2)  by  continuing education
28    activities  as  defined  in  the  rules  of  the  Department.
29    Podiatric physicians shall, at the request of the Department,
30    provide proof of having met the  requirements  of  continuing
31    education  under  this Section.  The Department shall by rule
32    provide an orderly process for the reinstatement of  licenses
 
HB4255 Enrolled             -23-               LRB9212746ACsb
 1    which  have not been renewed due to the licensee's failure to
 2    meet  requirements  of  this  Section.  The  requirements  of
 3    continuing education may be  waived  by  the  Director,  upon
 4    recommendation  by  the  Board,  in whole or in part for such
 5    good cause, including but not limited to illness or in  cases
 6    of   extreme  hardship,  as  defined  by  the  rules  of  the
 7    Department.
 8        The Department shall establish by rule a  means  for  the
 9    verification   of  completion  of  the  continuing  education
10    required  by  this  Section.   This   verification   may   be
11    accomplished   through   audits   of  records  maintained  by
12    registrants; by requiring the filing of continuing  education
13    certificates   with   the   Department;  or  by  other  means
14    established by the Department.
15    (Source: P.A. 86-596; 86-1472; 87-546.)

16        Section 999.  Effective date.  This Act takes  effect  on
17    January 1, 2003.

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