| ||||
| Public Act 103-0387 | ||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Regulatory Sunset Act is amended by | ||||
changing Sections 4.34 and 4.39 as follows: | ||||
(5 ILCS 80/4.34) | ||||
Sec. 4.34. Acts and Section repealed on January 1, 2024. | ||||
The following Acts and
Section of an Act are repealed
on | ||||
January 1, 2024: | ||||
The Crematory Regulation Act. | ||||
The Electrologist Licensing Act. | ||||
The Illinois Certified Shorthand Reporters Act of | ||||
1984. | ||||
The Illinois Occupational Therapy Practice Act. | ||||
The Illinois Public Accounting Act. | ||||
The Private Detective, Private Alarm, Private | ||||
Security, Fingerprint Vendor, and Locksmith Act of 2004. | ||||
The Registered Surgical Assistant and Registered | ||||
Surgical Technologist
Title Protection Act. | ||||
Section 2.5 of the Illinois Plumbing License Law.
| ||||
The Veterinary Medicine and Surgery Practice Act of | ||||
2004. | ||||
(Source: P.A. 102-291, eff. 8-6-21.) | ||||
(5 ILCS 80/4.39) | ||
Sec. 4.39. Acts repealed on January 1, 2029 and December | ||
31, 2029. | ||
(a) The following Act is repealed on January 1, 2029: | ||
The Environmental Health Practitioner Licensing Act. | ||
The Registered Surgical Assistant and Registered | ||
Surgical Technologist Title Protection Act. | ||
(b) The following Act is repealed on December 31, 2029: | ||
The Structural Pest Control Act.
| ||
(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; | ||
101-81, eff. 7-12-19.) | ||
Section 10. The Registered Surgical Assistant and | ||
Registered Surgical
Technologist Title Protection Act is | ||
amended by changing Sections 10, 20, 30, 75, 85, 110, 115, 120, | ||
and 150 and by adding Section 12 as follows:
| ||
(225 ILCS 130/10)
| ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 10. Definitions. As used in this Act:
| ||
"Address of record" means the designated address recorded | ||
by the Department in the applicant's or registrant's | ||
application file or registration file as maintained by the | ||
Department's licensure maintenance unit. It is the duty of the | ||
applicant or registrant to inform the Department of any change | ||
of address and those changes must be made either through the | ||
Department's website or by contacting the Department. | ||
"Department" means the Department of Financial and | ||
Professional Regulation.
| ||
"Direct supervision" means supervision by a licensed | ||
physician, licensed
podiatric physician, or licensed dentist | ||
who is
physically present and who personally directs delegated | ||
acts and remains
available to personally respond to an | ||
emergency until the patient
is released from the operating | ||
room.
A registered professional nurse may
also
provide direct | ||
supervision within the scope of his or her license. A
| ||
registered surgical assistant or registered surgical | ||
technologist shall perform
duties as assigned.
| ||
"Email address of record" means the designated email | ||
address recorded by the Department in the applicant's | ||
application file or the licensee's license file, as maintained | ||
by the Department's licensure maintenance unit. | ||
"Physician" means a person licensed to practice
medicine | ||
in all of
its branches under the Medical Practice Act of 1987.
| ||
"Registered surgical assistant" means a person who (i) is | ||
not
licensed to
practice
medicine in all of its branches, (ii) | ||
is certified by the National Commission for the Certification | ||
of Surgical Assistants National Surgical
Assistant
Association | ||
as a Certified Surgical Assistant, the National Board of | ||
Surgical Technology and Surgical Assisting as a Certified | ||
Surgical First Assistant, or
the American Board of Surgical | ||
Assistants as a Surgical Assistant-Certified, (iii) performs | ||
duties under direct
supervision, (iv) provides services only | ||
in a licensed hospital, ambulatory
treatment center, or office | ||
of a physician licensed to practice medicine in all
its | ||
branches, and (v) is registered
under this Act.
| ||
"Registered surgical technologist" means a person who (i) | ||
is not
a physician licensed to
practice
medicine in all of its | ||
branches, (ii) is certified by the National Board for Surgical | ||
Technology and Surgical Assisting,
(iii) performs duties under | ||
direct supervision, (iv) provides services only in
a licensed | ||
hospital, ambulatory treatment center, or office of a | ||
physician
licensed to practice medicine in all its branches, | ||
and (v) is registered
under this Act.
| ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation. | ||
(Source: P.A. 98-214, eff. 8-9-13; 98-364, eff. 12-31-13; | ||
98-756, eff. 7-16-14.)
| ||
(225 ILCS 130/12 new) | ||
Sec. 12. Address of record; email address of record. All | ||
applicants and registrants shall: | ||
(1) provide a valid address and email address to the | ||
Department, which shall serve as the address of record and | ||
email address of record, respectively, at the time of | ||
application for registration or renewal of a registration; | ||
and | ||
(2) inform the Department of any change of address
of | ||
record or email address of record within 14 days after | ||
such change, either through the Department's website or by | ||
contacting the Department's licensure maintenance unit.
| ||
(225 ILCS 130/20)
| ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 20. Illinois Administrative Procedure Act. The | ||
Illinois
Administrative Procedure Act is expressly adopted and | ||
incorporated in
this Act as if all of the provisions of the | ||
Illinois Administrative Procedure
Act were included in this | ||
Act,
except that the provision of subsection (d) of Section | ||
10-65 of the Illinois
Administrative Procedure Act that | ||
provides that at hearings the registrant has
the right to show | ||
compliance with all lawful requirements for retention,
| ||
continuation, or renewal of the registration is specifically | ||
excluded. For
purposes of this Act, the notice required under | ||
Section 10-25 of the Illinois
Administrative Procedure Act is | ||
deemed sufficient when mailed to the registrant's address of | ||
record or email address of record.
| ||
(Source: P.A. 98-364, eff. 12-31-13.)
| ||
(225 ILCS 130/30)
| ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 30. Social Security Number or individual taxpayer | ||
identification number on registration application. In addition
| ||
to any other information required to be contained in the | ||
application, every
application for an original certificate of | ||
registration
under this Act shall
include the applicant's | ||
Social Security Number or individual taxpayer identification | ||
number, which shall be retained in the agency's records | ||
pertaining to the registration. As soon as practical, the | ||
Department shall assign a customer's identification number to | ||
each applicant for a registration. | ||
Every application for a renewed, reinstated, or restored | ||
registration shall require the applicant's customer | ||
identification number.
| ||
(Source: P.A. 97-400, eff. 1-1-12; 98-364, eff. 12-31-13.)
| ||
(225 ILCS 130/75)
| ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 75. Grounds for disciplinary action.
| ||
(a) The Department may refuse to issue, renew, or restore | ||
a
registration, may revoke or suspend a registration, or may | ||
place on
probation, reprimand, or take other disciplinary or | ||
non-disciplinary
action with regard to a person registered | ||
under this Act,
including, but not limited to, the imposition | ||
of fines not to
exceed $10,000 for each violation and the | ||
assessment of costs as provided for in Section 90, for any one | ||
or combination
of the following causes:
| ||
(1) Making a material misstatement in furnishing
| ||
information to the Department.
| ||
(2) Violating a provision of this Act or rules adopted | ||
under this Act.
| ||
(3) Conviction by plea of guilty or nolo contendere, | ||
finding of guilt, jury verdict, or entry of judgment or by | ||
sentencing of any crime, including, but not limited to, | ||
convictions, preceding sentences of supervision, | ||
conditional discharge, or first offender probation, under | ||
the laws of any jurisdiction of the United States that is | ||
(i) a felony or (ii) a misdemeanor, an essential element | ||
of which is dishonesty, or that is directly related to the | ||
practice of the profession.
| ||
(4) Fraud or misrepresentation in applying for, | ||
renewing, restoring, reinstating, or procuring a | ||
registration under this Act.
| ||
(5) Aiding or assisting another person in
violating a | ||
provision of this Act or its rules.
| ||
(6) Failing to provide information within 60 days
in | ||
response to a written request made by the Department.
| ||
(7) Engaging in dishonorable, unethical, or
| ||
unprofessional conduct of a character likely to deceive,
| ||
defraud, or harm the public, as defined by rule of the
| ||
Department.
| ||
(8) Discipline by another United States
jurisdiction, | ||
governmental agency, unit of government, or foreign | ||
nation, if at least one of the
grounds for discipline is | ||
the same or substantially
equivalent to those set forth in | ||
this Section.
| ||
(9) Directly or indirectly giving to or receiving
from | ||
a person, firm, corporation, partnership, or
association a | ||
fee, commission, rebate, or other form of
compensation for | ||
professional services not actually or
personally rendered. | ||
Nothing in this paragraph (9) affects any bona fide | ||
independent contractor or employment arrangements among | ||
health care professionals, health facilities, health care | ||
providers, or other entities, except as otherwise | ||
prohibited by law. Any employment arrangements may include | ||
provisions for compensation, health insurance, pension, or | ||
other employment benefits for the provision of services | ||
within the scope of the registrant's practice under this | ||
Act. Nothing in this paragraph (9) shall be construed to | ||
require an employment arrangement to receive professional | ||
fees for services rendered.
| ||
(10) A finding by the Department that the registrant, | ||
after
having the his or her registration placed on | ||
probationary status,
has violated the terms of probation.
| ||
(11) Willfully making or filing false records or
| ||
reports in the his or her practice, including, but not | ||
limited
to, false records or reports filed with State | ||
agencies.
| ||
(12) Willfully making or signing a false statement,
| ||
certificate, or affidavit to induce payment.
| ||
(13) Willfully failing to report an instance of
| ||
suspected child abuse or neglect as required under the
| ||
Abused and Neglected Child Reporting Act.
| ||
(14) Being named as a perpetrator in an indicated
| ||
report by the Department of Children and Family Services
| ||
under the Abused and Neglected Child Reporting Act and
| ||
upon proof by clear and convincing evidence that the
| ||
registrant has caused a child to be an abused child or
| ||
neglected child as defined in the Abused and Neglected
| ||
Child Reporting Act.
| ||
(15) (Blank).
| ||
(16) Failure to report to the Department (A) any
| ||
adverse final action taken against the registrant by
| ||
another registering or licensing jurisdiction,
government | ||
agency, law enforcement agency, or
any court or (B) | ||
liability for conduct that would
constitute grounds for | ||
action as set forth in this
Section.
| ||
(17) Habitual or excessive use or abuse of drugs | ||
defined in law as controlled substances, alcohol, or any | ||
other substance that results in the inability to practice | ||
with reasonable judgment, skill, or safety.
| ||
(18) Physical or mental illness, including, but not | ||
limited to,
deterioration through the aging process or | ||
loss of motor
skills, which results in the inability to | ||
practice the
profession for which the person he or she is | ||
registered with
reasonable judgment, skill, or safety.
| ||
(19) Gross malpractice.
| ||
(20) Immoral conduct in the commission of an act | ||
related to the
registrant's practice, including, but not | ||
limited to, sexual abuse, sexual
misconduct,
or sexual | ||
exploitation.
| ||
(21) Violation of
the Health Care Worker Self-Referral | ||
Act.
| ||
(b) The Department may refuse to issue or may suspend | ||
without hearing the
registration of a person who fails to file | ||
a return, to pay the
tax, penalty, or interest shown in a filed | ||
return, or to pay
a final assessment of the tax, penalty, or | ||
interest as
required by a tax Act administered by the | ||
Department of
Revenue, until the requirements of the tax Act | ||
are satisfied in accordance with subsection (g) of Section | ||
2105-15 of the Department of Regulation Law of the Civil | ||
Administrative Code of Illinois.
| ||
(c) The determination by a circuit court that a registrant
| ||
is subject to involuntary admission or judicial admission as
| ||
provided in the Mental Health and Developmental Disabilities
| ||
Code operates as an automatic suspension. The suspension will
| ||
end only upon (1) a finding by a court that the patient is no
| ||
longer subject to involuntary admission or judicial
admission, | ||
(2) issuance of an order so finding and
discharging the | ||
patient, and (3) filing of a petition for restoration | ||
demonstrating fitness to practice.
| ||
(d) (Blank). | ||
(e) In cases where the Department of Healthcare and Family | ||
Services has previously determined a registrant or a potential | ||
registrant is more than 30 days delinquent in the payment of | ||
child support and has subsequently certified the delinquency | ||
to the Department, the Department may refuse to issue or renew | ||
or may revoke or suspend that person's registration or may | ||
take other disciplinary action against that person based | ||
solely upon the certification of delinquency made by the | ||
Department of Healthcare and Family Services in accordance | ||
with paragraph (5) of subsection (a) of Section 2105-15 of the | ||
Department of Professional Regulation Law of the Civil | ||
Administrative Code of Illinois. | ||
(f) In enforcing this Section, the Department, upon a | ||
showing of a possible violation, may compel any individual | ||
registered under this Act or any individual who has applied | ||
for registration to submit to a mental or physical examination | ||
and evaluation, or both, that may include a substance abuse or | ||
sexual offender evaluation, at the expense of the Department. | ||
The Department shall specifically designate the examining | ||
physician licensed to practice medicine in all of its branches | ||
or, if applicable, the multidisciplinary team involved in | ||
providing the mental or physical examination and evaluation, | ||
or both. The multidisciplinary team shall be led by a | ||
physician licensed to practice medicine in all of its branches | ||
and may consist of one or more or a combination of physicians | ||
licensed to practice medicine in all of its branches, licensed | ||
chiropractic physicians, licensed clinical psychologists, | ||
licensed clinical social workers, licensed clinical | ||
professional counselors, and other professional and | ||
administrative staff. Any examining physician or member of the | ||
multidisciplinary team may require any person ordered to | ||
submit to an examination and evaluation pursuant to this | ||
Section to submit to any additional supplemental testing | ||
deemed necessary to complete any examination or evaluation | ||
process, including, but not limited to, blood testing, | ||
urinalysis, psychological testing, or neuropsychological | ||
testing. | ||
The Department may order the examining physician or any | ||
member of the multidisciplinary team to provide to the | ||
Department any and all records, including business records, | ||
that relate to the examination and evaluation, including any | ||
supplemental testing performed. The Department may order the | ||
examining physician or any member of the multidisciplinary | ||
team to present testimony concerning this examination and | ||
evaluation of the registrant or applicant, including testimony | ||
concerning any supplemental testing or documents relating to | ||
the examination and evaluation. No information, report, | ||
record, or other documents in any way related to the | ||
examination and evaluation shall be excluded by reason of any | ||
common law or statutory privilege relating to communication | ||
between the registrant or applicant and the examining | ||
physician or any member of the multidisciplinary team. No | ||
authorization is necessary from the registrant or applicant | ||
ordered to undergo an evaluation and examination for the | ||
examining physician or any member of the multidisciplinary | ||
team to provide information, reports, records, or other | ||
documents or to provide any testimony regarding the | ||
examination and evaluation. The individual to be examined may | ||
have, at the individual's his or her own expense, another | ||
physician of the individual's his or her choice present during | ||
all aspects of the examination. | ||
Failure of any individual to submit to mental or physical | ||
examination and evaluation, or both, when directed, shall | ||
result in an automatic suspension without a hearing until such | ||
time as the individual submits to the examination. If the | ||
Department finds a registrant unable to practice because of | ||
the reasons set forth in this Section, the Department shall | ||
require such registrant to submit to care, counseling, or | ||
treatment by physicians approved or designated by the | ||
Department as a condition for continued, reinstated, or | ||
renewed registration. | ||
When the Secretary immediately suspends a registration | ||
under this Section, a hearing upon such person's registration | ||
must be convened by the Department within 15 days after such | ||
suspension and completed without appreciable delay. The | ||
Department shall have the authority to review the registrant's | ||
record of treatment and counseling regarding the impairment to | ||
the extent permitted by applicable federal statutes and | ||
regulations safeguarding the confidentiality of medical | ||
records. | ||
Individuals registered under this Act and affected under | ||
this Section shall be afforded an opportunity to demonstrate | ||
to the Department that they can resume practice in compliance | ||
with acceptable and prevailing standards under the provisions | ||
of their registration. | ||
(g) All fines imposed under this Section shall be paid | ||
within 60 days after the effective date of the order imposing | ||
the fine or in accordance with the terms set forth in the order | ||
imposing the fine. | ||
(Source: P.A. 100-872, eff. 8-14-18.)
| ||
(225 ILCS 130/85)
| ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 85. Investigation; notice; hearing.
The Department | ||
may
investigate
the
actions of a person applying for, holding, | ||
or claiming to hold a certificate of
registration. The | ||
Department shall, before refusing to issue or renew a | ||
registration or taking other disciplinary or non-disciplinary | ||
action
pursuant to Section 75 of
this Act, and at
least 30 days | ||
prior to the date set for the hearing, (i) notify in writing | ||
the
applicant or registrant of the charges made and the time | ||
and place for a hearing of the charges, (ii) direct the | ||
applicant or registrant to file a
written
answer to the | ||
Department under oath within 20 days after the service of the
| ||
notice, and (iii) inform the applicant or registrant that | ||
failure to file an answer
will
result in default being taken | ||
against the applicant or registrant. | ||
Written notice and any notice in the subsequent proceeding | ||
may be served by registered or certified mail to
the | ||
applicant's or registrant's address of record or, if in the | ||
course of the administrative proceeding the party has | ||
previously designated a specific email address at which to | ||
accept electronic service for that specific proceeding, by | ||
sending a copy by email to the party's email address on record. | ||
If the person fails to file an answer after receiving
notice, | ||
his or her certificate of registration may, in the discretion | ||
of the
Department, be
suspended, revoked, or placed on | ||
probationary status or the Department may take
whatever | ||
disciplinary or non-disciplinary action deemed proper, | ||
including limiting the delegated
tasks
or the imposition of a | ||
fine, without
a hearing, if the act or acts charged constitute | ||
sufficient grounds for such
action under this Act. At the time | ||
and place fixed in the notice, the
Department shall proceed to | ||
hearing of the charges and the parties and their counsel shall | ||
be afforded ample opportunity to present any pertinent | ||
statements, testimony, evidence, and arguments. The Department | ||
may continue a
hearing from time to time.
| ||
(Source: P.A. 98-364, eff. 12-31-13.)
| ||
(225 ILCS 130/110)
| ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 110. Motion for rehearing. In a case involving the | ||
refusal to
issue
or renew a registration or the discipline of a | ||
registrant, a copy of the
hearing officer's
report shall be | ||
served upon the respondent by the
Department, as provided | ||
under Section 20 of this Act. Within 20 days after
the service, | ||
the respondent may present to the Secretary Department a
| ||
motion in writing for a rehearing, which shall specify
the | ||
particular grounds for a rehearing. If no motion for rehearing
| ||
is filed, then upon the expiration of the time specified for
| ||
filing the motion, or if a motion for rehearing is denied,
then | ||
upon the denial, the Secretary may enter an order in
| ||
accordance with recommendations of the hearing officer | ||
Department,
except as provided in Section 115 or 120 of this | ||
Act. If
the respondent orders a transcript of the record from | ||
the reporting service
and
pays for the transcript within the | ||
time for filing
a motion for rehearing, the 20-day period | ||
within which such a
motion may be filed shall commence upon the | ||
delivery of the
transcript to the respondent.
| ||
(Source: P.A. 98-364, eff. 12-31-13.)
| ||
(225 ILCS 130/115)
| ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 115. Order of Secretary. The Secretary's order shall | ||
be based on the
recommendations contained in the hearing | ||
officer's Department report unless the
Secretary disagrees in | ||
any regard with the report of the
hearing officer Department, | ||
in which case the Secretary he or she may issue an order in
| ||
contravention of the report. The
hearing officer's report and | ||
Secretary's order are not
admissible in evidence against the | ||
person in a criminal
prosecution brought for a violation of | ||
this Act, but the
hearing, report, and order are not a bar to a | ||
criminal
prosecution brought for the violation of this Act.
| ||
(Source: P.A. 98-364, eff. 12-31-13.)
| ||
(225 ILCS 130/120)
| ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 120. Hearing officer. The Secretary shall have the | ||
authority
to
appoint an attorney
licensed to practice law in | ||
this State to serve as the
hearing officer in a hearing | ||
authorized under Section 90 of this Act.
The hearing officer | ||
shall have full authority
to conduct the hearing. The hearing | ||
officer
shall report the hearing officer's his or her findings | ||
of fact, conclusions of law,
and recommendations to the | ||
Secretary Department.
If the Secretary disagrees in any regard | ||
with the
report of the hearing officer Department, the | ||
Secretary he or she may issue
an order in contravention of the | ||
report. The Secretary
shall provide a written explanation to | ||
the Department on
a deviation from the Department's report and | ||
shall specify with
particularity the reasons for his or her | ||
deviation in the
final order.
| ||
(Source: P.A. 98-364, eff. 12-31-13.)
| ||
(225 ILCS 130/150)
| ||||||||||||||||||||||||||||||||||||||||||||||||
(Section scheduled to be repealed on January 1, 2024)
| ||||||||||||||||||||||||||||||||||||||||||||||||
Sec. 150. Certificate of record. The Department shall
not | ||||||||||||||||||||||||||||||||||||||||||||||||
be required to certify any record to a court or file an
answer | ||||||||||||||||||||||||||||||||||||||||||||||||
in court or otherwise appear in a court in a judicial
review | ||||||||||||||||||||||||||||||||||||||||||||||||
proceeding unless and until the Department has received from | ||||||||||||||||||||||||||||||||||||||||||||||||
the plaintiff
payment of the costs of furnishing and | ||||||||||||||||||||||||||||||||||||||||||||||||
certifying the record, which costs shall be determined by the | ||||||||||||||||||||||||||||||||||||||||||||||||
Department. Exhibits shall be certified without cost.
Failure | ||||||||||||||||||||||||||||||||||||||||||||||||
on the part of the plaintiff to file a receipt in
court shall | ||||||||||||||||||||||||||||||||||||||||||||||||
be grounds for dismissal of the action.
| ||||||||||||||||||||||||||||||||||||||||||||||||
(Source: P.A. 98-364, eff. 12-31-13.)
| ||||||||||||||||||||||||||||||||||||||||||||||||
Section 99. Effective date. This Section and Section 5 | ||||||||||||||||||||||||||||||||||||||||||||||||
take effect upon becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||