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Public Act 92-0750
HB4255 Enrolled LRB9212746ACsb
AN ACT concerning the regulation of professions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Electrologist Licensing Act.
Section 5. Purposes. The practice of electrology in the
State of Illinois is hereby declared to affect the public
health, safety, and welfare and to be subject to regulation
and control in the public interest.
It is declared to be a matter of public health and
concern that the practice of electrology, as defined in this
Act, merit and receive the confidence of the public and that
only qualified persons be authorized to practice as
electrologists in the State of Illinois. This Act shall be
liberally construed to best carry out these subjects and
purposes.
Section 10. Definitions. In this Act:
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
"Electrologist" means an individual licensed to practice
electrology pursuant to the provisions of this Act.
"Electrology" means the practice or teaching of services
for permanent hair removal utilizing only solid probe
electrode type epilation, which may include thermolysis
(shortwave, high frequency), electrolysis (galvanic), or a
combination of both (superimposed or sequential blend).
Section 15. License required. Beginning January 1, 2004,
no person shall engage in the practice of electrology or hold
himself or herself out as an electrologist in this State
without a license issued by the Department under this Act.
Section 20. Exemptions. This Act does not prohibit:
(1) A person licensed in this State under any other Act
from engaging in the practice for which that person is
licensed.
(2) The practice of electrology by a person who is
employed by the United States government or any bureau,
division, or agency thereof while in the discharge of the
employee's official duties.
(3) The practice of electrology included in a program of
study by students enrolled in schools or in refresher courses
approved by the Department. Nothing in this Act shall be
construed to prevent a person functioning as an assistant to
a person licensed to practice medicine in all its branches
from providing electrology services.
Section 23. Scope of practice.
(a) The scope of practice of an electrologist is limited
to the following:
(1) The application of an antiseptic on the area of
the individual's skin to which electrology will be
applied.
(2) The use of a sterile needle/probe electrode
type epilation, which includes (i) electrolysis, known as
direct current/DC, (ii) thermolysis, known as alternating
current/AC, or (iii) a combination of both electrolysis
and thermolysis, known as superimposed or sequential
blend.
(b) Nothing in this Act shall be construed to authorize
an electrologist to use surgery including but not limited to
the use of any laser technology. An electrologist shall
refer to a licensed physician any individual whose condition,
at the time of evaluation or service, is determined to be
beyond the scope of practice of the electrologist, such as an
individual with signs of infection or bleeding.
Section 25. Application. Applications for original
licenses shall be made to the Department in writing on forms
prescribed by the Department and shall be accompanied by the
required fee, which is not refundable. The application shall
require any information as, in the judgment of the
Department, will enable the Department to pass on the
qualifications of the applicant for a license. The
application shall include evidence of passage of an
examination recognized by the Department.
Section 30. Qualifications for licensure. A person shall
be qualified for licensure as an electrologist if that person
has met all of the following requirements:
(1) Has applied in writing on the prescribed forms
and has paid the required fees.
(2) Has not violated any of the provisions of
Section 75 of this Act or the rules promulgated under
this Act. The Department shall take into consideration
any felony conviction of the applicant, but a conviction
shall not operate as an absolute bar to licensure.
(3) Is at least 18 years of age.
(4) Has received his or her high school diploma or
equivalent.
(5) Has completed a total of 600 hours in the study
of electrology over a period of not less than 16 weeks
nor more than 2 consecutive years at a program approved
by the Department.
(6) Has successfully completed an examination
approved by the Department that tests the applicant's
knowledge of the theory and clinical practice of
electrology.
Section 32. Social Security number on license
application. In addition to any other information required to
be contained in the application, every application for an
original, renewal, or restored license under this Act shall
include the applicant's social security number.
Section 33. Grandfather provision. For a period of 12
months after the filing of the original administrative rules
adopted under this Act, the Department may issue a license to
any individual who, in addition to meeting the requirements
set forth in paragraphs (1), (2), (3), and (4) of Section 30,
can document employment as an electrologist and has received
remuneration for practicing electrology for a period of 3
years and can show proof of one of the following: (i) current
board certification by a national electrology certifying body
approved by the Department; or (ii) completion of 75
continuing education units in electrology approved by the
Department.
Section 35. Powers and duties of the Department.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for
the administration of licensing Acts and shall exercise any
other powers and duties necessary for effectuating the
purposes of this Act.
(b) The Department may adopt rules consistent with the
provisions of this Act for its administration and enforcement
and may prescribe forms that shall be issued in connection
with this Act. The rules may include but are not limited to
standards and criteria for licensure, professional conduct,
and discipline.
Section 40. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated in this Act as if all of the provisions of the
Illinois Administrative Procedure Act where included in this
Act, except that the provision of paragraph (c) of Section
10-65 of the Illinois Administrative Procedure Act, which
provides that at hearings the licensee has the right to show
compliance with all lawful requirements for retention,
continuation, or renewal of the license, is specifically
excluded. For the purposes of this Act, the notice required
under Section 10-25 of the Illinois Administrative Procedure
Act is considered to be sufficient when mailed to the last
known address of the party.
Section 50. Issuance of license. Upon the satisfactory
completion of the application and examination procedures, and
compliance with the applicable rules of the Department, the
Department shall issue an electrologist license to the
qualifying applicant.
Section 55. Endorsement. Pursuant to the rules of the
Department, upon payment of the required fee, an applicant
who has been licensed in another state that has substantially
the same requirements as those required for licensure under
the provisions of this Act may be granted a license as an
electrologist.
Section 60. Renewal; armed service duty. The expiration
date and renewal period for each license issued under this
Act shall be set by rule. Renewal shall be conditioned on
paying the required fee and meeting other requirements as may
be established by rule. All renewal applicants shall provide
proof of having met the continuing education requirements
approved by the Department consisting of the equivalent of 30
hours of continuing education every 24 months. The continuing
education requirement may be waived in part or in whole for
such good cause, including but not limited to illness or
hardship, as may be determined by rule.
Any electrologist who has permitted a license to expire
or who has a license on inactive status may have the license
restored by submitting an application to the Department,
filing proof acceptable to the Department of fitness to have
the license restored, and paying the required fees. Proof of
fitness may include sworn evidence certifying to active
lawful practice in another jurisdiction.
The Department shall determine, by an evaluation process
established by rule, a person's fitness for restoration of a
license and shall establish procedures and requirements for
restoration.
Any electrologist whose license expired while (i) on
active duty with the Armed Forces of the United States, or
the State Militia called into service or training, or (ii) in
training or education under the supervision of the United
States preliminary to induction into the military service,
may have the license restored without paying any lapsed
renewal fees if, within 2 years after honorable termination
of service, training or education, the licensee furnishes the
Department with satisfactory evidence to the effect that the
licensee has been so engaged and that the service, training,
or education has been so terminated.
Section 65. Inactive status. Any electrologist who
notifies the Department in writing on forms prescribed by the
Department may elect to place a license on inactive status
and shall, subject to rules of the Department, be excused
from payment of renewal fees until the Department is notified
in writing of the intention to restore the license.
An electrologist requesting restoration from inactive
status shall be required to pay the current renewal fee and
shall be required to follow procedures to restore the license
as provided in Section 60 of this Act.
An electrologist whose license is on inactive status
shall not practice in the State of Illinois.
A licensee who engages in practice with a lapsed license
or a license on inactive status shall be considered to be
practicing without a license, which shall be grounds for
discipline under Section 75 of this Act.
Section 70. Fees; returned checks.
(a) The Department shall provide by rule for a schedule
of fees for the administration and enforcement of this Act,
including but not limited to original licensure, renewal, and
restoration. The fees shall be nonrefundable.
(b) All fees collected under this Act shall be deposited
into the General Professions Dedicated Fund and shall be
appropriated to the Department for the ordinary and
contingent expenses of the Department in the administration
of this Act.
(c) A person who delivers a check or other payment to
the Department that is returned to the Department unpaid by
the financial institution upon which it is drawn shall pay to
the Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this
Act for unlicensed practice or practice on a nonrenewed
license. The Department shall notify the person that fees and
fines shall be paid to the Department by certified check or
money order within 30 calendar days of the notification. If,
after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary
remittance, the Department shall automatically terminate the
license or deny the application without a hearing. If the
person seeks a license after termination or denial, he or she
shall apply to the Department for restoration or issuance of
the license and pay all fees and fines due to the Department.
The Department may establish a fee for the processing of an
application for restoration of a license to defray the
expenses of processing the application. The Director may
waive the fines due under this Section in individual cases if
the Director finds that the fines would be unreasonable or
unnecessarily burdensome.
Section 75. Grounds for discipline.
(a) The Department may refuse to issue or renew and may
revoke or suspend a license under this Act, and may place on
probation, censure, reprimand, or take other disciplinary
action with regard to any licensee under this Act, as the
Department may consider proper, including the issuance of
fines not to exceed $5,000 for each violation, for one or any
combination of the following causes:
(1) Material misstatement in furnishing information
to the Department.
(2) Violation of this Act or its rules.
(3) Conviction of any felony under the laws of any
U.S. jurisdiction, any misdemeanor an essential element
of which is dishonesty, or any crime that is directly
related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license.
(5) Aiding or assisting another person in violating
any 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.
(8) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in an electrologist's
inability to practice with reasonable judgement, skill,
or safety.
(9) Discipline by another U.S. jurisdiction or
foreign nation if at least one of the grounds for
discipline is the same as or substantially equivalent to
any of those set forth in this Act.
(10) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional services not actually
or personally rendered.
(11) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(12) Abandonment of a patient.
(13) Willfully making or filing false records or
reports in the licensee's practice, including, but not
limited to, false records filed with State agencies or
departments.
(14) Physical illness, including, but not limited
to, deterioration through the aging process or loss of
motor skill that results in the inability to practice the
profession with reasonable judgment, skill, or safety.
(15) Gross negligence in his or her practice under
this Act.
(16) Use of fraud, deception, or any unlawful means
in applying for and securing a license as an
electrologist.
(17) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(18) Failure to comply with standards of
sterilization and sanitation as defined in the rules of
the Department.
(b) The Department may refuse to issue or renew or may
suspend the license of any person who fails to file a return,
to pay the tax, penalty or interest shown in a filed return,
or to pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue until the requirements of the
tax Act are satisfied.
(c) The determination by a circuit court that a licensee
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 a finding by a court that the patient is
no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and
discharging the patient, and the recommendation of the
Committee to the Director that the licensee be allowed to
resume his or her practice.
(d) In enforcing this Section, the Department upon a
showing of a possible violation may compel any person
licensed to practice under this Act or who has applied for
licensure or certification pursuant to this Act to submit to
a mental or physical examination, or both, as required by and
at the expense of the Department. The examining physicians
shall be those specifically designated by the Department. The
Department may order the examining physician to present
testimony concerning this mental or physical examination of
the licensee or applicant. No information shall be excluded
by reason of any common law or statutory privilege relating
to communications between the licensee or applicant and the
examining physician. The person to be examined may have, at
his or her own expense, another physician of his or her
choice present during all aspects of the examination. Failure
of any person to submit to a mental or physical examination,
when directed, shall be grounds for suspension of a license
until the person submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit
to the examination was without reasonable cause.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or,
in lieu of care, counseling, or treatment, the Department may
file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual.
Any person whose license was granted, continued,
reinstated, renewed, disciplined or supervised subject to
such terms, conditions or restrictions, and who fails to
comply with such terms, conditions or restrictions, shall be
referred to the Director for a determination as to whether
the person shall have his or her license suspended
immediately, pending a hearing by the Department.
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject person'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.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
Section 85. Violations; injunctions.
(a) If any person violates any provision of this Act,
the Director may, in the name of the People of the State of
Illinois through the Attorney General of the State of
Illinois or the State's Attorney of any county in which the
action is brought, petition for an order enjoining the
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition in court, the court
may issue a temporary restraining order, without notice or
bond, and may preliminarily and permanently enjoin the
violation. If it is established that the person has violated
or is violating the injunction, the Court may punish the
offender for contempt of court. Proceedings under this
Section shall be in addition to, and not in lieu of, all
other remedies and penalties provided by this Act.
(b) If a person practices as an electrologist or holds
himself or herself out as an electrologist without being
licensed under the provisions of this Act, then any licensed
electrologist, any interested party, or any person injured
thereby may, in addition to the Director, petition for relief
as provided in subsection (a) of this Section.
(c) Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may issue
a rule to show cause why an order to cease and desist should
not be entered against that person. The rule shall clearly
set forth the grounds relied upon by the Department and shall
provide a period of 7 days after the date of the rule to file
an answer to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.
Section 90. Investigations; notice and hearing.
(a) The Department may investigate the actions of an
applicant or a person holding or claiming to hold a license.
(b) Before refusing to issue or renew a license or
disciplining a licensed electrologist pursuant to Section 75
of this Act, the Department shall notify in writing the
applicant or the licensee of the nature of the charges and
that a hearing will be held on the date designated, which
shall be at least 30 days after the date of the notice. The
Department shall direct the applicant or licensee to file a
written answer to the Department under oath within 20 days
after the service of the notice and inform the applicant or
licensee that failure to file an answer will result in
default being taken against the applicant or licensee and
that the license may be suspended, revoked, placed on
probationary status, or other disciplinary action may be
taken, including limiting the scope, nature, or extent of
business as the Director may deem proper. Written notice may
be served by personal delivery or certified or registered
mail sent to the respondent at the most recent address on
record with the Department.
If the applicant or licensee fails to file an answer
after receiving notice, the license may, in the discretion of
the Department, be suspended, revoked, or placed on
probationary status, or the Department may take whatever
disciplinary action it deems proper including imposing a
civil penalty, without a hearing if the act or acts charged
constitute sufficient ground for such action under this Act.
At the time and place fixed in the notice, the Department
shall proceed to hear the charges, and the parties or their
counsel shall be accorded ample opportunity to present such
statements, testimony, evidence, and argument as may be
pertinent to the charges or to their defense. The Department
may continue a hearing from time to time.
Section 95. Stenographer; transcript. The Department,
at its expense, shall preserve a record of all proceedings at
the formal hearing of any case involving the refusal to issue
or renew a license or the discipline of a licensed
electrologist. The notice of hearing, complaint, and all
other documents in the nature of pleadings, written motions
filed in the proceedings, the transcript of testimony, the
report of the hearing officer, and the order of the
Department shall be the record of the proceeding.
Section 100. Required testimony. Upon application of
the Department or its designee, or of the person against whom
proceedings pursuant to Section 75 of this Act are pending,
any circuit court may enter an order requiring the
attendance of witnesses and their testimony, and the
production of documents, paper, files, books, and records in
connection with any hearing or investigation. The court may
compel obedience to its order by proceedings for contempt.
Section 105. Subpoena power; oaths. The Department has
power to subpoena and bring before it any person in this
State and to take testimony either orally, by deposition, or
both, with the same fees and mileage and in the same manner
as prescribed by law in judicial proceedings in civil cases
in circuit courts of this State.
The Director and hearing officers may administer oaths to
witnesses at any hearing that the Department is authorized to
conduct under this Act and any other oaths required or
authorized to be administered by the Department.
Section 110. Findings and recommendations. At the
conclusion of the hearing, the hearing officer shall present
to the Director a written report of its findings and
recommendations. The report shall contain a finding of
whether or not the accused applicant or licensee violated
this Act or failed to comply with the conditions required in
this Act. The hearing officer shall specify the nature of
the violation or failure to comply, and shall make its
recommendations to the Director.
The report of the findings and recommendations of the
hearing officer shall be the basis for the Department's order
of refusal or for the granting of licensure unless the
Director determines that the hearing officer's report is
contrary to the manifest weight of the evidence, in which
case the Director may issue an order in contravention of the
hearing officer's report. The finding is not admissible in
evidence against the applicant or licensee in a criminal
prosecution brought for the violation of this Act, but the
hearing and finding are not a bar to a criminal prosecution
brought for the violation of this Act.
Section 115. Hearing officer. The Director has the
authority to appoint an attorney duly licensed to practice
law in this State to serve as the hearing officer in an
action for refusal to issue or renew a license or for the
discipline of a licensed electrologist. The hearing officer
shall have full authority to conduct the hearing. The
hearing officer shall report his or her findings and
recommendations to the Director.
Section 120. Motion for rehearing. In any case
involving the refusal to issue or renew a license, or the
discipline of a licensee, a copy of the hearing officer's
report shall be served upon the respondent by the
Department, either personally or as provided in this Act for
the service of the notice of hearing. Within 20 days after
service, the respondent may present to the Department a
motion in writing for a rehearing which shall specify the
particular grounds for rehearing. If no motion for rehearing
is filed, then upon the expiration of the time specified for
filing a motion, or if a motion for rehearing is denied, then
upon denial, the Director may enter an order in accordance
with the recommendation of the hearing officer. If the
respondent orders from the reporting service, and pays for a
transcript of the record within the time for filing a motion
for rehearing, the 20-day period within which a motion may be
filed shall commence upon the delivery of the transcript to
the respondent.
Section 125. Rehearing on order of Director. Whenever
the Director is not satisfied that substantial justice has
been done in the revocation, suspension, or refusal to issue
or renew a license, the Director may order a rehearing.
Section 130. Order or certified copy as prima facie
proof. An order or a certified copy thereof, over the seal
of the Department and purporting to be signed by the
Director, shall be prima facie proof:
(1) that the signature is the genuine signature of
the Director; and
(2) that the Director is duly appointed and
qualified.
This proof may be rebutted.
Section 135. License restoration. At any time after the
suspension or revocation of a license the Department may
restore it to the accused person, unless after an
investigation and a hearing the Department determines that
restoration is not in the public interest.
Section 140. Surrender of license. Upon the revocation
or suspension of any license, the licensee shall immediately
surrender the license to the Department, and if the licensee
fails to do so, the Department has the right to seize the
license.
Section 145. Temporary suspension. The Director may
temporarily suspend the license of an electrologist without a
hearing, simultaneously with the institution of proceedings
for a hearing under Section 90 of this Act, if the Director
finds that evidence in his or her possession indicates that
continuation in practice would constitute an imminent danger
to the public. In the event that the Director temporarily
suspends a license without a hearing, a hearing by the
Department must be held within 30 days after the suspension
has occurred, and concluded without appreciable delay.
Section 150. Administrative Review Law. All final
administrative decisions of the Department are subject to
judicial review under the Administrative Review Law and its
rules. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides. If the party is not a resident of this State,
venue shall be in Sangamon County.
Section 155. Certification of record. The Department
shall not be required to certify any record to the court,
file any answer in court, or otherwise appear in any court in
a judicial review proceeding unless there is filed in the
court, with the complaint, a receipt from the Department
acknowledging payment of the costs of furnishing and
certifying the record. Failure on the part of the plaintiff
to file a receipt in court is grounds for dismissal of the
action.
Section 160. Penalties. A person who is found to have
knowingly violated any provision of this Act is guilty of a
Class A misdemeanor. On conviction of a second or subsequent
offense the violator is guilty of a Class 4 felony.
Section 162. Unlicensed practice; violation; civil
penalty.
(a) Any person who practices, offers to practice,
attempts to practice, or holds oneself out to practice
electrology without being licensed under this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department in an amount not to exceed $5,000
for each offense as determined by the Department. The civil
penalty shall be assessed by the Department after a hearing
is held in accordance with the provisions set forth in this
Act regarding the provision of a hearing for the discipline
of a licensee.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
Section 165. Deposit of fees and fines. All of the fees
and fines collected under this Act shall be deposited into
the General Professions Dedicated Fund.
Section 170. Home rule. The regulation and licensing of
electrologists are exclusive powers and functions of the
State. A home rule unit may not regulate or license
electrologists. This Section is a denial and limitation of
home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
Section 900. The Regulatory Sunset Act is amended by
changing Section 4.24 as follows:
(5 ILCS 80/4.24)
Sec. 4.24. Acts Act repealed on January 1, 2014. The
following Acts are Act is repealed on January 1, 2014:
The Electrologist Licensing Act.
The Illinois Public Accounting Act.
(Source: P.A. 92-457, eff. 8-21-01.)
Section 905. The Medical Practice Act of 1987 is amended
by changing Section 20 as follows:
(225 ILCS 60/20) (from Ch. 111, par. 4400-20)
(Section scheduled to be repealed on January 1, 2007)
Sec. 20. Continuing education. The Department shall
promulgate rules of continuing education for persons licensed
under this Act that require 150 hours of continuing education
per license renewal cycle. These rules shall be consistent
with requirements of relevant professional associations,
speciality societies, or boards. The rules shall also
address variances in part or in whole for good cause,
including but not limited to for illness or hardship. In
establishing these rules, the Department shall consider
educational requirements for medical staffs, requirements for
specialty society board certification or for continuing
education requirements as a condition of membership in
societies representing the 2 categories of licensee under
this Act. These rules shall assure that licensees are given
the opportunity to participate in those programs sponsored by
or through their professional associations or hospitals which
are relevant to their practice. Each licensee is responsible
for maintaining records of completion of continuing education
and shall be prepared to produce the records when requested
by the Department.
(Source: P.A. 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
Section 910. The Nursing and Advanced Practice Nursing
Act is amended by changing Section 15-45 as follows:
(225 ILCS 65/15-45)
(Section scheduled to be repealed on January 1, 2008)
Sec. 15-45. Continuing education. The Department shall
adopt rules of continuing education for persons licensed
under this Title that require 50 hours of continuing
education per 2-year license renewal cycle. The rules shall
not be inconsistent with requirements of relevant national
certifying bodies or State or national professional
associations. The rules shall also address variances in part
or in whole for good cause, including but not limited to for
illness or hardship. The continuing education rules shall
assure that licensees are given the opportunity to
participate in programs sponsored by or through their State
or national professional associations, hospitals, or other
providers of continuing education. Each licensee is
responsible for maintaining records of completion of
continuing education and shall be prepared to produce the
records when requested by the Department.
(Source: P.A. 90-742, eff. 8-13-98.)
Section 915. The Illinois Optometric Practice Act of
1987 is amended by changing Section 16 as follows:
(225 ILCS 80/16) (from Ch. 111, par. 3916)
(Section scheduled to be repealed on January 1, 2007)
Sec. 16. Renewal, reinstatement or restoration of
licenses; military service. The expiration date and renewal
period for each license and certificate issued under this Act
shall be set by rule.
All renewal applicants shall provide proof of having met
the requirements of continuing education set forth in the
rules of the Department. The Department shall, by rule,
provide for an orderly process for the reinstatement of
licenses which have not been renewed due to failure to meet
the continuing education requirements. The continuing
education requirement may be waived for such good cause,
including but not limited to illness or in cases of extreme
hardship, as defined by rules of the Department.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be
accomplished through audits of records maintained by
registrants; by requiring the filing of continuing education
certificates with the Department; or by other means
established by the Department.
Any optometrist who has permitted his or her license to
expire or who has had his or her license on inactive status
may have his or her license restored by making application to
the Department and filing proof acceptable to the Department
of his or her fitness to have his or her license restored and
by paying the required fees. Such proof of fitness may
include evidence certifying to active lawful practice in
another jurisdiction and must include proof of the completion
of the continuing education requirements specified in the
rules for the preceding license renewal period for the
applicant's level of certification that has been completed
during the 2 years prior to the application for license
restoration.
The Department shall determine, by an evaluation program
established by rule, his or her fitness for restoration of
his or her license and shall establish procedures and
requirements for such restoration.
However, any optometrist whose license expired while he
or she was (1) in Federal Service on active duty with the
Armed Forces of the United States, or the State Militia
called into service or training, or (2) in training or
education under the supervision of the United States
preliminary to induction into the military service, may have
his or her license restored without paying any lapsed renewal
fees if within 2 years after honorable termination of such
service, training, or education, he or she furnishes the
Department with satisfactory evidence to the effect that he
or she has been so engaged and that his or her service,
training, or education has been so terminated.
(Source: P.A. 92-451, eff. 8-21-01.)
Section 920. The Podiatric Medical Practice Act of 1987
is amended by changing Section 14 as follows:
(225 ILCS 100/14) (from Ch. 111, par. 4814)
(Section scheduled to be repealed on January 1, 2008)
Sec. 14. Continuing education requirement. Podiatric
physicians licensed to practice in Illinois shall, as a
requirement for renewal of license, complete continuing
education at the rate of at least 25 hours per year. Such
hours shall be earned (1) from courses offered by sponsors
validated by the Illinois Podiatric Medical Association
Continuing Education Committee and approved by the Podiatric
Medical Licensing Board; or (2) by continuing education
activities as defined in the rules of the Department.
Podiatric physicians shall, at the request of the Department,
provide proof of having met the requirements of continuing
education under this Section. The Department shall by rule
provide an orderly process for the reinstatement of licenses
which have not been renewed due to the licensee's failure to
meet requirements of this Section. The requirements of
continuing education may be waived by the Director, upon
recommendation by the Board, in whole or in part for such
good cause, including but not limited to illness or in cases
of extreme hardship, as defined by the rules of the
Department.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be
accomplished through audits of records maintained by
registrants; by requiring the filing of continuing education
certificates with the Department; or by other means
established by the Department.
(Source: P.A. 86-596; 86-1472; 87-546.)
Section 999. Effective date. This Act takes effect on
January 1, 2003.
Passed in the General Assembly May 23, 2002.
Approved August 02, 2002.
Effective January 01, 2003.
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