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92_SB1689enr SB1689 Enrolled LRB9215592ACcd 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 5. The Regulatory Sunset Act is amended by 5 changing Sections 4.13 and 4.17 as follows: 6 (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13) 7 Sec. 4.13. Acts repealed on December 31, 2002. The 8 following Acts are repealed on December 31, 2002: 9The Environmental Health Practitioner Licensing Act.10 The Naprapathic Practice Act. 11 The Wholesale Drug Distribution Licensing Act. 12 The Dietetic and Nutrition Services Practice Act. 13 The Funeral Directors and Embalmers Licensing Code. 14 The Professional Counselor and Clinical Professional 15 Counselor Licensing Act. 16 (Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.) 17 (5 ILCS 80/4.17) 18 Sec. 4.17. Acts repealed on January 1, 2007. The 19 following are repealed on January 1, 2007: 20 The Boiler and Pressure Vessel Repairer Regulation 21 Act. 22 The Structural Pest Control Act. 23 Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, 24 VIIC, XVII, XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois 25 Insurance Code. 26 The Clinical Psychologist Licensing Act. 27 The Illinois Optometric Practice Act of 1987. 28 The Medical Practice Act of 1987. 29 The Environmental Health Practitioner Licensing Act. 30 (Source: P.A. 89-467, eff. 1-1-97; 89-484, eff. 6-21-96; SB1689 Enrolled -2- LRB9215592ACcd 1 89-594, eff. 8-1-96; 89-702, eff. 7-1-97.) 2 Section 10. The Environmental Health Practitioner 3 Licensing Act is amended by changing Sections 10, 15, 16, 18, 4 21, 25, 26, 35, and 50 and adding Sections 20.1, 22, 23, and 5 56 as follows: 6 (225 ILCS 37/10) 7 (Section scheduled to be repealed on December 31, 2002) 8 Sec. 10. Definitions. As used in this Act: 9 "Board" means the Environmental Health Practitioners 10 Board as created in this Act. 11 "Department" means the Department of Professional 12 Regulation. 13 "Director" means the Director of Professional Regulation. 14 "Environmental health inspector" means an individual who, 15 in support of and under the general supervision of a licensed 16 environmental health practitioner or licensed professional 17 engineer, practices environmental health and meets the 18 educational qualifications of an environmental health 19 inspector. 20 "Environmental health practice" is the practice of 21 environmental health by licensed environmental health 22 practitioners within the meaning of this Act and includes, 23 but is not limited to, the following areas of professional 24 activities: milk and food sanitation; protection and 25 regulation of private water supplies; private waste water 26 management; domestic solid waste disposal practices; 27 institutional health and safety; and consultation and 28 education in these fields. 29 "Environmental health practitioner in training" means a 30 person licensed under this Act who meets the educational 31 qualifications of a licensed environmental health 32 practitioner and practices environmental health in support of SB1689 Enrolled -3- LRB9215592ACcd 1 and under the general supervision of a licensed environmental 2 health practitioner or licensed professional engineer, but 3 has not passed the licensed environmental health practitioner 4 examination administered by the Department. 5 "License" means the authorization issued by the 6 Department permitting the person named on the authorization 7 to practice environmental health as defined in this Act. 8 "Licensed environmental health practitioner" is a person 9 who, by virtue of education and experience in the physical, 10 chemical, biological, and environmental health sciences, is 11 especially trained to organize, implement, and manage 12 environmental health programs, trained to carry out education 13 and enforcement activities for the promotion and protection 14 of the public health and environment, and is licensed as an 15 environmental health practitioner under this Act. 16 (Source: P.A. 89-61, eff. 6-30-95.) 17 (225 ILCS 37/15) 18 (Section scheduled to be repealed on December 31, 2002) 19 Sec. 15. License requirement. 20 (a) It shall be unlawful for any person to engage in an 21 environmental health practice after the effective date of 22 this amendatory Act of the 92nd General AssemblyDecember 31,231996unless the person is licensed by the Department as an 24 environmental health practitioner or an environmental health 25 practitioner in training or is an environmental health 26 inspector as defined in this Act. 27 (b) It is the responsibility of an individual required 28 to be licensed under this Act to obtain a license and to pay 29 all necessary fees, not the responsibility of his or her 30 employer. 31 (Source: P.A. 89-61, eff. 6-30-95.) 32 (225 ILCS 37/16) SB1689 Enrolled -4- LRB9215592ACcd 1 (Section scheduled to be repealed on December 31, 2002) 2 Sec. 16. Exemptions. This Act does not prohibit or 3 restrict any of the following: 4 (1) A person performing the functions and duties of an 5 environmental health practitioner under the generaldirect6 supervision of a licensed environmental health practitioner 7 or licensed professional engineer if that person (i) is not 8 responsible for the administration or supervision of one or 9 more employees engaged in an environmental health program, 10 (ii) establishes a method of verbal communication with the 11 licensed environmental health practitioner or licensed 12 professional engineer to whom they can refer and report 13 questions, problems, and emergency situations encountered in 14 environmental health practice, and (iii) has his or her 15 written reports reviewed monthly by a licensed environmental 16 health practitioner or licensed professional engineer. 17 (2) A person licensed in this State under any other Act 18 from engaging in the practice for which he or she is 19 licensed. 20 (3) A person working in laboratories licensed by, 21 registered with, or operated by the State of Illinois. 22 (4) A person employed by a State-licensed health care 23 facility who engages in the practice of environmental health 24 or whose job responsibilities include ensuring that the 25 environment in the health care facility is healthy and safe 26 for employees, patients, and visitors. 27 (5) A person employed with the Illinois Department of 28 Agriculture who engages in meat and poultry inspections or 29 environmental inspections under the authority of the 30 Department of Agriculture. 31 (6) A person holding a degree of Doctor of Veterinary 32 Medicine and Surgery and licensed under the Veterinary 33 Medicine and Surgery Practice Act. 34 (Source: P.A. 89-61, eff. 6-30-95.) SB1689 Enrolled -5- LRB9215592ACcd 1 (225 ILCS 37/18) 2 (Section scheduled to be repealed on December 31, 2002) 3 Sec. 18. Board of Environmental Health Practitioners. 4 The Board of Environmental Health Practitioners is created 5 and shall exercise its duties as provided in this Act. The 6 Board shall consist of 57members appointed by the Director. 7 Of the 57members, 34shall be environmental health 8 practitioners, one a Public Health Administrator who meets 9 the minimum qualifications for public health personnel 10 employed by full time local health departments as prescribed 11 by the Illinois Department of Public Health and is actively 12 engaged in the administration of a local health department 13 within this State,one full time professor teaching in the14field of environmental health practice,and one member of the 15 general public. In making the appointments to the Board, the 16 Director shall consider the recommendations of related 17 professional and trade associations including the Illinois 18 Environmental Health Association and the Illinois Public 19 Health Association and of the Director of Public Health. 20 Each of the environmental health practitioners shall have at 21 least 5 years of full time employment in the field of 22 environmental health practice before the date of appointment. 23 Each appointee filling the seat of an environmental health 24 practitioner appointed to the Board must be licensed under 25 this Act, however, in appointing the environmental health26practitioner members of the first Board, the Director may27appoint any environmental health practitioner who possesses28the qualifications set forth in Section 20 of this Act. Of29the initial appointments, 3 members shall be appointed for303-year terms, 2 members for 2-year terms, and 2 members for31one-year terms. Each succeeding member shall serve for a323-year term. 33 The membership of the Board shall reasonably reflect 34 representation from the various geographic areas of the SB1689 Enrolled -6- LRB9215592ACcd 1 State. 2 A vacancy in the membership of the Board shall not impair 3 the right of a quorum to exercise all the rights and perform 4 all the duties of the Board. 5 The members of the Board are entitled to receive as 6 compensation a reasonable sum as determined by the Director 7 for each day actually engaged in the duties of the office and 8 all legitimate and necessary expenses incurred in attending 9 the meetings of the Board. 10 Members of the Board shall be immune from suit in any 11 action based upon any disciplinary proceedings or other 12 activities performed in good faith as members of the Board. 13 The Director may remove any member of the Board for any 14 cause that, in the opinion of the Director, reasonably 15 justifies termination. 16 (Source: P.A. 91-724, eff. 6-2-00; 91-798, eff. 7-9-00.) 17 (225 ILCS 37/20.1 new) 18 (Section scheduled to be repealed on December 31, 2002) 19 Sec. 20.1. Qualifications for an environmental health 20 inspector. An environmental health inspector must have an 21 associate's degree or its equivalent, including a minimum of 22 9 credit hours of science. 23 (225 ILCS 37/21) 24 (Section scheduled to be repealed on December 31, 2002) 25 Sec. 21. Grandfather provision.(a)A person who, on 26 the effective date of this amendatory Act of the 92nd General 27 AssemblyJune 30, 1995, was certified by his or her employer 28 as serving as a sanitarian or environmental health 29 practitioner in environmental health practice in this State 30 may be issued a license as an environmental health 31 practitioner in training upon filing an application by July 32 1, 20031999and paying the required fees, and by passing theSB1689 Enrolled -7- LRB9215592ACcd 1examination. 2(b) The Department may, upon application and payment of3the required fee within 12 months, issue a license to a4person who holds a current license as a sanitarian or5environmental health practitioner issued by the Illinois6Environmental Health Association or National Environmental7Health Association.8 (Source: P.A. 89-61, eff. 6-30-95; 90-602, eff. 6-26-98.) 9 (225 ILCS 37/22 new) 10 (Section scheduled to be repealed on December 31, 2002) 11 Sec. 22. Environmental health practitioner in training. 12 (a) Any person who meets the educational qualifications 13 specified in Section 20, but does not meet the experience 14 requirement specified in that Section, may make application 15 to the Department on a form prescribed by the Department for 16 licensure as an environmental health practitioner in 17 training. The Department shall license that person as an 18 environmental health practitioner in training upon payment of 19 the fee required by this Act. 20 (b) An environmental health practitioner in training 21 shall apply for licensure as an environmental health 22 practitioner within 3 years of his or her licensure as an 23 environmental health practitioner in training. The license 24 may be renewed or extended as defined by rule of the 25 Department. The Board may extend the licensure of any 26 environmental health practitioner in training who furnishes, 27 in writing, sufficient cause for not applying for examination 28 as an environmental health practitioner within the 3-year 29 period. 30 (c) An environmental health practitioner in training may 31 engage in the practice of environmental health for a period 32 not to exceed 6 years provided that he or she is supervised 33 by a licensed professional engineer or a licensed SB1689 Enrolled -8- LRB9215592ACcd 1 environmental health practitioner as prescribed in this Act. 2 (225 ILCS 37/23 new) 3 (Section scheduled to be repealed on December 31, 2002) 4 Sec. 23. Supervision. 5 (a) A licensed environmental health practitioner in 6 training or an environmental health inspector may perform the 7 duties and functions of environmental health practice under 8 the supervision of a licensed environmental health 9 practitioner or licensed professional engineer. 10 (b) A licensed environmental health practitioner or a 11 licensed professional engineer may serve as a supervisor to 12 any licensed environmental health practitioner in training or 13 environmental health inspector. The supervisor shall fulfill 14 the minimum supervisor requirements, including but not 15 limited to: 16 (1) being available for consultation on a daily 17 basis; 18 (2) reviewing and advising on law enforcement 19 proceedings; and 20 (3) evaluating the practice of environmental health 21 performed by the licensed environmental health 22 practitioner in training or the environmental health 23 inspector. 24 (c) A licensed environmental health practitioner or 25 licensed professional engineer is responsible for assuring 26 that a licensed environmental health practitioner in training 27 or environmental health inspector that he or she is 28 supervising properly engages in the practice of environmental 29 health. 30 (225 ILCS 37/25) 31 (Section scheduled to be repealed on December 31, 2002) 32 Sec. 25. Application for original license. Applications SB1689 Enrolled -9- LRB9215592ACcd 1 for original licenses shall be made to the Department on 2 forms prescribed by the Department and accompanied by the 3 required nonrefundable fee. All applications shall contain 4 information that, in the judgment of the Department, will 5 enable the Department to pass on the qualifications of the 6 applicant for a license as an environmental health 7 practitioner or environmental health practitioner in 8 training. 9 If an applicant for a license as an environmental health 10 practitioner neglects, fails, or refuses to take an 11 examination or fails to pass an examination for a license 12 under this Act within 3 years after filing an application, 13 the application is denied. However, the applicant may 14 thereafter make a new application, accompanied by the 15 required fee, if the applicant meets the requirements in 16 force at the time of making the new application. 17 (Source: P.A. 89-61, eff. 6-30-95.) 18 (225 ILCS 37/26) 19 (Section scheduled to be repealed on December 31, 2002) 20 Sec. 26. Examination for registration as an 21 environmental health practitioner. 22 (a) Beginning on the effective date of this amendatory 23 Act of the 92nd General AssemblyJune 30, 1995, only persons 24 who meet the educational and experience requirements of 25 Section 20 and who pass the examination authorized by the 26 Department shall be licensed as environmental health 27 practitioners.Persons who meet the requirements of28subsection (b) of Section 21 or Section 30 shall not be29required to take and pass the examination.30 (b) Applicants for examination as environmental health 31 practitioners shall be required to pay, either to the 32 Department or the designated testing service, a fee covering 33 the cost of providing the examination. SB1689 Enrolled -10- LRB9215592ACcd 1 (Source: P.A. 89-61, eff. 6-30-95; 89-706, eff. 1-31-97; 2 90-14, eff. 7-1-97.) 3 (225 ILCS 37/35) 4 (Section scheduled to be repealed on December 31, 2002) 5 Sec. 35. Grounds for discipline. 6 (a) The Department may refuse to issue or renew, or may 7 revoke, suspend, place on probation, reprimand, or take other 8 disciplinary action with regard to any license issued under 9 this Act as the Department may consider proper, including the 10 imposition of fines not to exceed $5,000 for each violation, 11 for any one or combination of the following causes: 12 (1) Material misstatement in furnishing information 13 to the Department. 14 (2) Violations of this Act or its rules. 15 (3) Conviction of any felony under the laws of any 16 U.S. jurisdiction, any misdemeanor an essential element 17 of which is dishonesty, or any crime that is directly 18 related to the practice of the profession. 19 (4) Making any misrepresentation for the purpose of 20 obtaining a certificate of registration. 21 (5) Professional incompetence. 22 (6) Aiding or assisting another person in violating 23 any provision of this Act or its rules. 24 (7) Failing to provide information within 60 days 25 in response to a written request made by the Department. 26 (8) Engaging in dishonorable, unethical, or 27 unprofessional conduct of a character likely to deceive, 28 defraud, or harm the public as defined by rules of the 29 Department. 30 (9) Habitual or excessive use or addiction to 31 alcohol, narcotics, stimulants, or any other chemical 32 agent or drug that results in an environmental health 33 practitioner's inability to practice with reasonable SB1689 Enrolled -11- LRB9215592ACcd 1 judgment, skill, or safety. 2 (10) Discipline by another U.S. jurisdiction or 3 foreign nation, if at least one of the grounds for a 4 discipline is the same or substantially equivalent to 5 those set forth in this Act. 6 (11) A finding by the Department that the 7 registrant, after having his or her license placed on 8 probationary status, has violated the terms of probation. 9 (12) Willfully making or filing false records or 10 reports in his or her practice, including, but not 11 limited to, false records filed with State agencies or 12 departments. 13 (13) Physical illness, including, but not limited 14 to, deterioration through the aging process or loss of 15 motor skills that result in the inability to practice the 16 profession with reasonable judgment, skill, or safety. 17 (14) Failure to comply with rules promulgated by 18 the Illinois Department of Public Health or other State 19 agencies related to the practice of environmental health. 20 (15) The Department shall deny any application for 21 a license or renewal of a license under this Act, without 22 hearing, to a person who has defaulted on an educational 23 loan guaranteed by the Illinois Student Assistance 24 Commission; however, the Department may issue a license 25 or renewal of a license if the person in default has 26 established a satisfactory repayment record as determined 27 by the Illinois Student Assistance Commission. 28 (16) Solicitation of professional services by using 29 false or misleading advertising. 30 (17) A finding that the license has been applied 31 for or obtained by fraudulent means. 32 (18) Practicing or attempting to practice under a 33 name other than the full name as shown on the license or 34 any other legally authorized name. SB1689 Enrolled -12- LRB9215592ACcd 1 (19) Gross overcharging for professional services 2 including filing statements for collection of fees or 3 moneys for which services are not rendered. 4 (b) The Department may refuse to issue or may suspend 5 the license of any person who fails to (i) file a return, 6 (ii) pay the tax, penalty, or interest shown in a filed 7 return; or (iii) pay any final assessment of the tax, 8 penalty, or interest as required by any tax Act administered 9 by the Illinois Department of Revenue until the requirements 10 of the tax Act are satisfied. 11 (c) The determination by a circuit court that a licensee 12 is subject to involuntary admission or judicial admission to 13 a mental health facility as provided in the Mental Health and 14 Developmental Disabilities Code operates as an automatic 15 suspension. The suspension may end only upon a finding by a 16 court that the licensee is no longer subject to involuntary 17 admission or judicial admission, the issuance of an order so 18 finding and discharging the patient, and the recommendation 19 of the Board to the Director that the licensee be allowed to 20 resume 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 SB1689 Enrolled -13- LRB9215592ACcd 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 SB1689 Enrolled -14- LRB9215592ACcd 1 compliance with acceptable and prevailing standards under the 2 provisions of his or her license. 3 (Source: P.A. 89-61, eff. 6-30-95.) 4 (225 ILCS 37/50) 5 (Section scheduled to be repealed on December 31, 2002) 6 Sec. 50. Use of title. Only a person who has qualified 7 as a licensed environmental health practitioner and who is 8 currently licensed by the State has the right and privilege 9 of using the title "Environmental Health Practitioner", 10 "Licensed Environmental Health Practitioner", or the initials 11 "L.E.H.P." after his or her name. Only a person who has 12 qualified as a licensed environmental health practitioner in 13 training and who is currently licensed by the State has the 14 right and privilege of using the title "environmental health 15 practitioner in training", "licensed environmental health 16 practitioner in training", or "L.E.H.P. in training" after 17 his or her name. 18 (Source: P.A. 89-61, eff. 6-30-95.) 19 (225 ILCS 37/56 new) 20 (Section scheduled to be repealed December 31, 2002) 21 Sec. 56. Unlicensed practice; violation; civil penalty. 22 (a) Any person who practices, offers to practice, 23 attempts to practice, or holds himself or herself out to 24 practice environmental health without being licensed under 25 this Act shall, in addition to any other penalty provided by 26 law, pay a civil penalty to the Department in an amount not 27 to exceed $5,000 for each offense as determined by the 28 Department. The civil penalty shall be assessed by the 29 Department after a hearing is held in accordance with the 30 provisions set forth in this Act regarding the provision of a 31 hearing for the discipline of a licensee. 32 (b) The Department has the authority and power to SB1689 Enrolled -15- LRB9215592ACcd 1 investigate any and all unlicensed activity. 2 (c) The civil penalty shall be paid within 60 days after 3 the effective date of the order imposing the civil penalty. 4 The order shall constitute a judgment and may be filed and 5 execution had thereon in the same manner as any judgment from 6 any court of record. 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.