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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 HB4255 Enrolled -4- LRB9212746ACsb 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. HB4255 Enrolled -5- LRB9212746ACsb 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 HB4255 Enrolled -6- LRB9212746ACsb 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. HB4255 Enrolled -13- LRB9212746ACsb 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. ActsActrepealed on January 1, 2014. The 6 following Acts areAct isrepealed 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 toforillness 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 tofor17 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 orin cases of extreme12 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 orin cases6of extremehardship, 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.