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90_SB1351
New Act
5 ILCS 80/4.19 new
30 ILCS 105/5.490 new
Creates the Perfusionist Licensing Act to regulate
through licensing requirements persons who practice
perfusion. Provides for exclusive State regulation of
perfusionists. Amends the Regulatory Agency Sunset Act to
repeal the new Act on January 1, 2009. Amends the State
Finance Act to add the Perfusionist Licensing Fund.
Effective January 1, 1999.
LRB9007773DPcw
LRB9007773DPcw
1 AN ACT relating to perfusionists, amending named Acts.
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 Perfusionist Licensing Act.
6 Section 5. Legislative purpose.
7 (a) The General Assembly finds and declares that:
8 (1) the citizens of Illinois are entitled to the
9 protection of their health, safety, and welfare from the
10 unqualified or unprofessional practice of perfusion;
11 (2) the practice of perfusion by unauthorized,
12 unqualified, unprofessional, or incompetent persons is a
13 threat to the public; and
14 (3) the practice of perfusion is a dynamic and
15 changing health care field which is continually evolving
16 to include more sophisticated and demanding patient care
17 activities.
18 (b) The purpose of this Act is to protect the public
19 from the dangers described under subsection (a) of this
20 Section by:
21 (1) establishing minimum standards for the
22 education, training, and competency of persons engaged in
23 the practice of perfusion and minimum standards for the
24 performance of perfusion services in a manner that
25 provides for the continued evolution of the practice of
26 perfusion; and
27 (2) ensuring that the privilege of practicing in
28 the field of perfusion is entrusted only to persons
29 licensed under this Act.
30 Section 10. Definitions. As used in this Act:
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1 (a) "Board" means the State Board of Perfusionists.
2 (b) "Department" means the Department of Professional
3 Regulation.
4 (c) "Extracorporeal circulation" means the diversion of
5 a patient's blood through a heart-lung machine or a similar
6 device that assumes the functions of the patient's heart,
7 lungs, kidney, liver, or other organs.
8 (d) "Perfusion" means the functions necessary for the
9 support, treatment, measurement, or supplementation of the
10 cardiovascular, circulatory, or respiratory systems or other
11 organs, or a combination of those functions, and to ensure
12 the safe management of physiologic functions by monitoring
13 and analyzing the parameters of the systems under an order
14 and under the supervision of a physician licensed to practice
15 medicine in all its branches, including the following
16 functions:
17 (1) the use of extracorporeal circulation,
18 long-term cardiopulmonary support techniques, including
19 extracorporeal carbon dioxide removal and extracorporeal
20 membrane oxygenation and associated therapeutic and
21 diagnostic technologies;
22 (2) counterpulsation, ventricular assistance,
23 autotransfusion, blood conservation techniques,
24 myocardial and organ preservation, extracorporeal life
25 support, and isolated limb perfusion;
26 (3) the use of techniques involving blood
27 management, advanced life support, and other related
28 functions; and
29 (4) in the performance of the acts described in
30 items (1) through (3):
31 (A) the administration of (i) pharmacological
32 and therapeutic agents and (ii) blood products or
33 anesthetic agents through the extracorporeal circuit
34 or through an intravenous line as ordered by a
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1 physician;
2 (B) the performance and use of (i)
3 anticoagulation monitoring and analysis, (ii)
4 physiologic monitoring and analysis, (iii) blood gas
5 and chemistry monitoring and analysis, (iv)
6 hematologic monitoring and analysis, (v)
7 hypothermia, (vi) hyperthermia, (vii)
8 hemoconcentration and hemodilution, and (viii)
9 hemodialysis; and
10 (C) the observation of signs and symptoms
11 related to perfusion services, the determination of
12 whether the signs and symptoms exhibit abnormal
13 characteristics, and the implementation of
14 appropriate reporting, perfusion protocols, or
15 changes in or the initiation of emergency
16 procedures.
17 (e) "Perfusion protocols" means perfusion related
18 policies and protocols developed or approved by a licensed
19 health facility or a physician through collaboration with
20 administrators, licensed perfusionists, and other health care
21 professionals.
22 (f) "Physician" means a physician licensed to practice
23 medicine in all its branches under the Medical Practice Act
24 of 1987.
25 Section 15. Application of Act; exemptions. This Act
26 shall not apply to:
27 (1) a person licensed in this State under any
28 other Act engaging in the practice for which he or she is
29 licensed;
30 (2) a student enrolled in an accredited perfusion
31 education program if perfusion services performed by the
32 student:
33 (A) are an integral part of the student's
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1 course of study; and
2 (B) are performed under the direct supervision
3 of a licensed perfusionist who is assigned to
4 supervise the student and who is on duty and
5 immediately available in the assigned patient care
6 area; and
7 (3) the practice of perfusion by any legally
8 qualified perfusionist employed by the United States
9 government while in the discharge of his or her official
10 duties.
11 Section 20. Powers and duties of the Department.
12 (a) The Department may adopt rules not inconsistent with
13 this Act as are necessary for the governing of its own
14 proceedings, the performance of its duties, the regulation of
15 the practice of perfusion in this State, and the enforcement
16 of this Act.
17 (b) The Department shall:
18 (1) adopt and publish a code of ethics;
19 (2) establish the qualifications and fitness of
20 applicants for original and renewal licenses;
21 (3) revoke, suspend, or deny a license or
22 discipline a licensee for a violation of this Act, the
23 code of ethics, or rules adopted under this Act;
24 (4) establish reasonable and necessary fees for the
25 administration and implementation of this Act;
26 (5) develop and implement policies that provide the
27 public with a reasonable opportunity to appear before the
28 Department or Board and to speak on any issue under the
29 jurisdiction of the Board;
30 (6) develop and implement policies that clearly
31 define the respective responsibilities of the Board and
32 the staff of the Board; and
33 (7) establish continuing professional education
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1 requirements for licensed perfusionists and provisional
2 licensed perfusionists, the standards of which shall be
3 at least as stringent as the didactic requirements
4 established by the American Board of Cardiovascular
5 Perfusion or its successor agency, and shall:
6 (A) establish the minimum amount of continuing
7 education required to renew a license under this
8 Act;
9 (B) develop a process to evaluate and approve
10 continuing education courses;
11 (C) identify the factors for the competent
12 performance by a licensee of the licensee's
13 professional duties; and
14 (D) develop a procedure to assess a licensee's
15 participation in continuing education programs.
16 Section 25. State Board of Perfusionists. There is
17 established the State Board of Perfusionists to be appointed
18 by the Director. The Board shall be composed of 5 persons who
19 shall serve in an advisory capacity to the Director. Four
20 members shall be perfusionists who have been engaged in the
21 active practice of perfusion, or engaged in the education and
22 training of students of perfusion, for at least 5 years
23 immediately preceding their appointment and who have been
24 licensed as perfusionists under this Act for at least 2 years
25 prior to their appointment. One member shall be a
26 representative of the general public having no direct
27 affiliation or work experience in the practice of perfusion
28 and who is not an officer, manager, or paid consultant of a
29 trade association in the field of health care. A
30 perfusionist member of the Board is not required to be
31 licensed if the member was appointed to the Board before
32 January 1, 1999. However, within 90 days after the Board has
33 issued its first license, a perfusionist member of the Board
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1 must apply for and receive a license.
2 Of the initial Board members appointed, 2 members shall
3 be appointed to serve 2-year terms, 2 members to serve 3-year
4 terms, and one member to serve a 4-year term. Their
5 successors shall be appointed to serve 4-year terms, except
6 that a person selected to fill a vacancy shall be appointed
7 to serve only for the unexpired portion of the term of the
8 member whom he or she succeeds. No member shall serve more
9 than 2 consecutive 4-year terms.
10 To the extent practical, the membership of the Board
11 shall reflect the geographical diversity of the inhabitants
12 of this State and shall represent the many varied aspects of
13 the profession. Appointments to the Board shall be made
14 without discrimination based on race, creed, sex, religion,
15 or national origin.
16 The Director may remove any member of the Board for any
17 cause that, in the opinion of the Director, reasonably
18 justifies termination. The validity of an action of the
19 Board shall not be affected by the removal of a member of the
20 Board.
21 Not later than 60 days after the initial members are
22 appointed by the Director, the Board shall meet to elect a
23 chairperson and vice-chairperson, who shall hold office
24 according to rules adopted by the Board.
25 The Board shall hold at least 2 regular meetings each
26 year as provided by rules adopted by the Board.
27 A majority of the Board members currently appointed shall
28 constitute a quorum. A vacancy in the membership of
29 the Board shall not impair the right of a quorum to exercise
30 the right and perform all the duties of the Board.
31 Members of the Board shall have no liability in any
32 action based upon any disciplinary proceeding or
33 other activity performed in good faith as a member of the
34 Board.
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1 Members of the Board shall be reimbursed for all
2 legitimate, necessary, and authorized expenses.
3 Section 30. Powers and duties of the Board. The
4 Department may delegate powers and duties set forth in
5 Section 20 to the Board. In adopting rules, the Board shall
6 consider the rules and procedures of the Department, and
7 shall adopt procedural rules not inconsistent with existing
8 rules and procedures of the Department. The Board shall
9 establish methods by which consumers and service recipients
10 are notified of the name, mailing address, and telephone
11 number of the Board for directing complaints to the Board.
12 The Board may provide for that notification (1) on each
13 license form, application, or written contract for services
14 of a person licensed under this Act, (2) on a sign
15 prominently displayed in the place of business of each person
16 licensed under this Act, or (3) in a bill for services
17 provided by a person licensed under this Act. The Board shall
18 request and receive necessary assistance from State
19 educational institutions or other State agencies.
20 Section 35. License requirement. No person shall engage
21 in the practice of perfusion without a license issued by the
22 Department under this Act.
23 Section 40. Application for original license.
24 Applications for original licenses shall be made to the
25 Department in writing on forms prescribed by the
26 Department and shall be accompanied by the required
27 fee, which shall not be refundable. An application
28 shall require information that in the judgment of the
29 Department will enable the Department to pass on the
30 qualifications of the applicant for a license. An applicant
31 shall supplement his or her application, when requested by
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1 the Department, by providing additional documentation of
2 education, including but not limited to transcripts or a
3 description of course content, credentials of the college
4 granting the required degree, or work experience to allow the
5 Department to determine the qualifications of the applicant.
6 Applicants have 3 years from the date of application to
7 complete the application process. If the process has not been
8 completed in 3 years, the application shall be denied, the
9 fee shall be forfeited, and the applicant must reapply and
10 meet the requirements in effect at the time of reapplication.
11 Section 45. Qualifications; examination requirement. To
12 qualify for licensure under this Act, an applicant must:
13 (1) have successfully completed a perfusion
14 education program approved by the Board. In approving
15 perfusion education programs necessary for qualification
16 for licensing, the Board shall approve only a program
17 that has educational standards that are at least as
18 stringent as those established by the Accreditation
19 Committee for Perfusion Education and approved by the
20 Commission on Accreditation of Allied Health Education
21 Programs (CAAHEP) or its successor; and
22 (2) have passed a competency examination
23 administered by the Department. Examinations shall be
24 prepared or approved by the Department and administered
25 to qualified applicants at least once each calendar year.
26 An examination prescribed by the Department may be or may
27 include the complete certification examinations given by
28 the American Board of Cardiovascular Perfusion (ABCP) or
29 its successor or by a state testing service, in lieu of
30 an examination prepared by the Department. The
31 Department may have the examination validated by an
32 independent testing professional. Not later than 90 days
33 after the date on which a licensing examination is
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1 administered under this Act, the approved testing service
2 shall notify each examinee of the results of the
3 examination. If requested in writing by a person who
4 fails the licensing examination, the Department or
5 approved testing service shall furnish the person with an
6 analysis of the person's performance on the examination.
7 The Department shall by rule establish a limit on the
8 number of times an applicant who fails an examination may
9 retake the examination and the requirements for retaking
10 an examination.
11 Section 50. Issuance of license; display.
12 (a) The Department shall issue a perfusionist license
13 to a person meeting the application and qualification
14 requirements of Sections 40 and 45. However, a person is
15 eligible to make application to the Board and receive a
16 license notwithstanding the requirements of Section 45 if the
17 person is actively engaged in the practice of perfusion
18 consistent with applicable law and if the person meets one of
19 the following requirements:
20 (1) The person, as of January 1, 1999, was
21 operating cardiopulmonary bypass systems during cardiac
22 surgical cases in a licensed health care facility as the
23 person's primary function and had been operating the
24 system since January 1, 1994.
25 (2) The person has at least 5 years experience,
26 since January 1, 1989, operating cardiopulmonary bypass
27 systems during cardiac surgical cases in a licensed
28 health care facility as the person's primary function.
29 (b) A licensee shall maintain on file at all times during
30 which the licensee provides services in a health care
31 facility a true and correct copy of the license certificate
32 in the appropriate records of the facility.
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1 Section 55. Provisional license; scope of practice.
2 (a) The Department shall issue a license as a
3 provisional licensed perfusionist to a person who has
4 successfully completed an approved perfusion education
5 program as required under subdivision (1) of Section 45 and
6 an application in accordance with Section 40.
7 (b) A provisional licensed perfusionist shall perform
8 perfusion only under the supervision and direction of a
9 licensed perfusionist. Rules adopted by the Department
10 governing the supervision and direction shall not require the
11 immediate physical presence of the supervising licensed
12 perfusionist.
13 (c) A provisional license is valid for one year from the
14 date it is issued and may be renewed, subject to rule by the
15 Department, according to the same procedures established for
16 renewal under Section 75 of this Act if the application for
17 renewal is signed by a supervising licensed perfusionist.
18 (d) Upon notification by the approved testing service or
19 the Board that a provisional licensee has failed any portion
20 of the licensing examination provided for under Section 45,
21 the provisional license shall be surrendered to the
22 Department.
23 Section 60. Licensure by endorsement. The Department
24 may, in its discretion, license as a perfusionist, without
25 examination and on payment of the required fee, an applicant
26 who (1) is licensed as a perfusionist under the laws of
27 another state, territory, or country, if the requirements for
28 licensure in that state, territory, or country in which the
29 applicant was licensed were, at the date of his or her
30 licensure, substantially equal to the requirements in force
31 in this State on that date or (2) holds a current certificate
32 as a certified clinical perfusionist issued by the American
33 Board of Cardiovascular Perfusion (ABCP), or its successor
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1 organization, prior to January 1, 1999.
2 Section 65. Unlicensed practice; civil penalty. A
3 person who practices, offers to practice, attempts to
4 practice, or holds himself or herself out to
5 practice as a licensed perfusionist without being licensed
6 under this Act shall, in addition to any other penalty
7 provided by law, pay a civil penalty to the Department
8 in an amount not to exceed $5,000 for each offense as
9 determined by the Department. The civil penalty shall be
10 assessed by the Department after a hearing is held in
11 accordance with the provisions set forth in this Act
12 regarding the provision of a hearing for the discipline of a
13 licensee.
14 Section 70. Practice by corporations. Nothing in this
15 Act shall restrict licensees from forming professional
16 service corporations under the provisions of the Professional
17 Service Corporation Act.
18 Section 75. Renewal; restoration; military service.
19 (a) The expiration date and renewal period for each
20 license issued under this Act, other than a provisional
21 license, shall be set by rule of the Department. A renewal
22 applicant shall demonstrate compliance with the continuing
23 education requirements set by the Department under Section
24 20.
25 (b) A person who has permitted his or her license to
26 expire or who has had his or her license on inactive status
27 may have his or her license restored by making application to
28 the Department and filing proof acceptable to the Department
29 of his or her fitness to have his or her license restored,
30 including but not limited to sworn evidence certifying to
31 active practice in another jurisdiction satisfactory to the
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1 Department, and by paying the required restoration fee. If
2 the person has not maintained an active practice in another
3 jurisdiction satisfactory to the Department, the Board shall
4 determine, by an evaluation program established by rule, his
5 or her fitness to resume active status and may require the
6 person to complete a period of evaluated clinical experience
7 and may require successful completion of a practical
8 examination.
9 (c) A person whose license expired while he or she was
10 (1) in federal Service on active duty with the Armed Forces
11 of the United States or with the State Militia called into
12 service or training or (2) in training or education under the
13 supervision of the United States preliminary to induction
14 into the military service, may have his or her license
15 renewed or restored without paying a lapsed renewal fee if,
16 within 2 years after termination from the service, training,
17 or education except under conditions other than honorable, he
18 or she furnished the Department with satisfactory evidence to
19 the effect that he or she has been so engaged and that his or
20 her service, training, or education has been so terminated.
21 Section 80. Elective inactive status. A person who
22 notifies the Department in writing on forms prescribed by the
23 Department may elect to place his or her license on an
24 inactive status and shall, subject to rules of the
25 Department, be excused from payment of renewal fees until he
26 or she notifies the Department in writing of his or her
27 desire to resume active status. A person requesting
28 restoration from inactive status shall be required to pay the
29 current renewal fee and shall be required to restore his or
30 her license as provided in Section 75 of this Act. A
31 perfusionist whose license is on inactive status shall not
32 perform perfusion in this State.
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1 Section 85. Grounds for discipline.
2 (a) The Department may refuse to issue or renew a
3 license, may revoke or suspend a license, may suspend, place
4 on probation, censure, or reprimand a licensee, or may take
5 other disciplinary action with regard to a licensee,
6 including the issuance of fines not to exceed $5000 for each
7 violation, for any one or combination of the following
8 causes:
9 (1) Making a material misstatement in furnishing
10 information to the Department or the Board.
11 (2) Violation of or negligent or intentional
12 disregard of this Act or its rules.
13 (3) Conviction of any crime that, under the laws of
14 the United States or of a state or territory of the
15 United States, is a felony or a misdemeanor, an essential
16 element of which is dishonesty, or of a crime that is
17 directly related to the practice of the profession.
18 (4) Making a misrepresentation for the purpose of
19 obtaining a license.
20 (5) Professional incompetence.
21 (6) Malpractice.
22 (7) Aiding or assisting another person in violating
23 a provision of this Act or its rules.
24 (8) Failing, within 60 days, to provide information
25 in response to a written request made by the Department.
26 (9) Engaging in dishonorable, unethical, or
27 unprofessional conduct or conduct of a character likely
28 to deceive, defraud, or harm the public.
29 (10) Habitual intoxication or addiction to the use
30 of drugs.
31 (11) Discipline by another state or territory of
32 the United States, the federal government, or foreign
33 nation, if at least one of the grounds for the discipline
34 is the same or substantially equivalent to one set forth
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1 in this Section.
2 (12) Directly or indirectly giving to or receiving
3 from a person, firm, corporation, partnership, or
4 association a fee, commission, rebate, or other form of
5 compensation for professional services not actually or
6 personally rendered.
7 (13) A finding by the Board that the licensee,
8 after having his or her license placed on probationary
9 status, has violated the terms of probation.
10 (14) Abandonment of a patient or client.
11 (15) Willfully making or filing false records or
12 reports in his or her practice, including but not limited
13 to false records filed with State agencies or
14 departments.
15 (16) Willfully failing to report an instance of
16 suspected child abuse or neglect as required by the
17 Abused and Neglected Child Reporting Act.
18 (17) Physical illness, including but not limited to
19 deterioration through the aging process or loss of motor
20 skill, which results in the inability to practice
21 perfusion with reasonable judgment, skill, or safety.
22 (18) Solicitation of professional services using
23 false or misleading advertising.
24 (b) The determination by a circuit court that a licensee
25 is subject to involuntary admission or judicial admission, as
26 provided in the Mental Health and Developmental Disabilities
27 Code, operates as an automatic suspension. The suspension
28 will end only upon (i) a finding by a court that the patient
29 is no longer subject to involuntary admission or judicial
30 admission and the court issues an order so finding and
31 discharging the patient and (ii) upon the recommendation of
32 the Board to the Director that the licensee be allowed to
33 resume his or her practice. The Department may refuse to
34 issue or renew the license of any person who fails to
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1 (i) file a return or to pay the tax, penalty, or interest
2 shown in a filed return or (ii) pay any final assessment
3 of the tax, penalty, or interest as required by any tax
4 Act administered by the Illinois Department of
5 Revenue, until the time that the requirements of that tax
6 Act are satisfied.
7 In enforcing this Section, the Department or Board upon a
8 showing of a possible violation may compel an individual
9 licensed to practice under this Act, or who has applied for
10 licensure under this Act, to submit to a mental or physical
11 examination, or both, as required by and at the expense of
12 the Department. The Department or Board may order the
13 examining physician to present testimony concerning the
14 mental or physical examination of the licensee or applicant.
15 No information shall be excluded by reason of any common law
16 or statutory privilege relating to communications between the
17 licensee or applicant and the examining physician. The
18 examining physicians shall be specifically designated by the
19 Board or Department. The individual to be examined may have,
20 at his or her own expense, another physician of his or her
21 choice present during all aspects of this examination.
22 Failure of an individual to submit to a mental or physical
23 examination, when directed, shall be grounds for suspension
24 of his or her license until the individual submits to the
25 examination if the Department finds, after notice and
26 hearing, that the refusal to submit to the examination was
27 without reasonable cause.
28 If the Department or Board finds an individual unable to
29 practice because of the reasons set forth in this Section,
30 the Department or Board may require that individual to submit
31 to care, counseling, or treatment by physicians approved or
32 designated by the Department or Board, as a condition, term,
33 or restriction for continued, reinstated, or renewed
34 licensure to practice; or, in lieu of care, counseling, or
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1 treatment, the Department may file, or the Board may
2 recommend to the Department to file, a complaint to
3 immediately suspend, revoke, or otherwise discipline the
4 license of the individual. An individual whose license was
5 granted, continued, reinstated, renewed, disciplined or
6 supervised subject to such terms, conditions, or
7 restrictions, and who fails to comply with such terms,
8 conditions, or restrictions, shall be referred to the
9 Director for a determination as to whether the individual
10 shall have his or her license suspended immediately, pending
11 a hearing by the Department.
12 In instances in which the Director immediately suspends a
13 person's license under this Section, a hearing on that
14 person's license must be convened by the Department within 15
15 days after the suspension and completed without appreciable
16 delay. The Department and Board shall have the authority to
17 review the subject individual's record of treatment and
18 counseling regarding the impairment to the extent permitted
19 by applicable federal statutes and regulations safeguarding
20 the confidentiality of medical records.
21 An individual licensed under this Act and affected under
22 this Section shall be afforded an opportunity to demonstrate
23 to the Department or Board that he or she can resume practice
24 in compliance with acceptable and prevailing standards under
25 the provisions of his or her license.
26 Section 90. Injunction; cease and desist order.
27 (a) If any person violates a provision of this Act, the
28 Director may, in the name of the People of the State of
29 Illinois and through the Attorney General of the State of
30 Illinois, petition for an order enjoining the violation or
31 for an order enforcing compliance with this Act. Upon the
32 filing of a verified petition in court, the court may issue a
33 temporary restraining order, without notice or bond, and may
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1 preliminarily and permanently enjoin the violation, and if it
2 is established that the person has violated or is violating
3 the injunction, the court may punish the offender for
4 contempt of court. Proceedings under this Section shall be in
5 addition to, and not in lieu of, all other remedies and
6 penalties provided by this Act.
7 (b) If a person practices as a perfusionist, or holds
8 himself or herself out as a perfusionist, without being
9 licensed under this Act, then any other licensed
10 perfusionist, any interested party, or any person injured by
11 the person may, in addition to the Director, petition for
12 relief as provided in subsection (a) of this Section.
13 (c) Whenever in the opinion of the Department a person
14 violates a provision of this Act, the Department may issue a
15 rule to show cause why an order to cease and desist should
16 not be entered against him or her. The rule shall clearly set
17 forth the grounds relied upon by the Department and shall
18 provide a period of 7 days from the date of the rule to file
19 an answer to the satisfaction of the Department. Failure to
20 answer to the satisfaction of the Department shall cause an
21 order to cease and desist to be issued immediately.
22 Section 95. Investigations; notice and hearing. The
23 Department may investigate the actions of an applicant or of
24 a person or persons holding or claiming to hold a license.
25 The Department shall, before refusing to issue or renew a
26 license, at least 10 days prior to the date set for the
27 hearing, notify in writing the applicant for or holder of a
28 license of the nature of the charges and that a hearing will
29 be held on the date designated. The written notice may be
30 served by personal delivery or by certified or registered
31 mail to the respondent at the address of his or her last
32 notification to the Department. At the time and place fixed
33 in the notice, the Board shall proceed to hear the charges
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1 and the parties or their counsel shall be afforded ample
2 opportunity to present statements, testimony, evidence, and
3 argument that may be pertinent to the charges or to the
4 defense to the charges. The Board may continue the hearing
5 from time to time.
6 Section 100. Transcript. The Department, at its expense,
7 shall preserve a record of all proceedings at the formal
8 hearing of a case involving the refusal to issue or renew a
9 license. The notice of hearing, complaint, and all other
10 documents in the nature of pleadings and written motions
11 filed in the proceedings, the transcript of testimony, the
12 report of the Board, and orders of the Department shall be in
13 the record of the proceeding.
14 Section 105. Compelling testimony. A circuit court may,
15 upon application of the Director or his or her designee or of
16 the applicant or licensee against whom proceedings under
17 Section 95 of this Act are pending, enter an order requiring
18 the attendance of witnesses and their testimony and requiring
19 the production of documents, papers, files, books, and
20 records in connection with a hearing or investigation. The
21 court may compel obedience to its order through contempt
22 proceedings.
23 Section 110. Board findings and recommendations. At the
24 conclusion of the hearing the Board shall present to the
25 Director a written report of its findings and
26 recommendations. The report shall contain a finding whether
27 or not the accused person violated this Act or failed to
28 comply with the conditions required in this Act. The Board
29 shall specify the nature of the violation or failure to
30 comply and shall make its recommendations to the Director.
31 The report of findings and recommendations of the Board shall
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1 be the basis for the Department's order for the refusal or
2 for the granting of a license, unless the Director shall
3 determine that the Board report is contrary to the manifest
4 weight of the evidence, in which case the Director may issue
5 an order in contravention to the Board report. The finding
6 is not admissible in evidence against the person in a
7 criminal prosecution brought for a violation of this Act, but
8 the hearing and finding are not a bar to a criminal
9 prosecution brought for a violation of this Act.
10 Section 115. Motion for rehearing. In any case involving
11 the refusal to issue or renew a license or the discipline of
12 a licensee, a copy of the Board's report shall be served upon
13 the respondent by the Department, either personally or as
14 provided in this Act for the service of the notice of
15 hearing. Within 20 days after service, the respondent may
16 present to the Department a motion in writing for a
17 rehearing, which shall specify the particular grounds for
18 rehearing. If no motion for rehearing is filed, then upon the
19 expiration of the time specified for filing the motion, or if
20 a motion for rehearing is denied, then upon the denial, the
21 Director may enter an order in accordance with
22 recommendations of the Board except as provided in Section
23 110 of this Act. If the respondent shall order from the
24 reporting service, and pay for a transcript of the record
25 within the time for filing a motion for rehearing the 20-day
26 period within which the motion may be filed shall commence
27 upon the delivery of the transcript to the respondent.
28 Section 120. Rehearing on order of Director. Whenever
29 the Director is not satisfied that substantial justice has
30 been done in the revocation, suspension, or refusal to issue
31 or renew a license, the Director may order a rehearing by the
32 same or other examiners.
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1 Section 125. Appointment of hearing officer. The
2 Director shall have the authority to appoint an attorney
3 licensed to practice law in the State of Illinois to serve as
4 a hearing officer in an action for refusal to issue or renew
5 a license or to discipline a licensee. The hearing officer
6 shall have full authority to conduct the hearing. The
7 hearing officer shall report his or her findings and
8 recommendations to the Board and the Director. The Board
9 shall have 60 days from receipt of the report to review the
10 report of the hearing officer and present its findings of
11 fact, conclusions of law, and recommendations to the
12 Director. If the Board fails to present its report within
13 the 60-day period, the Director shall issue an order based on
14 the report of the hearing officer. If the Director
15 determines that the Board's report is contrary to the
16 manifest weight of the evidence, he or she may issue an order
17 in contravention of the Board's report.
18 Section 130. Order or certified copy. An order or a
19 certified copy of an order, over the seal of the Department
20 and purporting to be signed by the Director, shall be prima
21 facie proof:
22 (1) that the signature is the genuine signature of
23 the Director;
24 (2) that the Director is duly appointed and
25 qualified; and
26 (3) that the Board and its members are qualified to
27 act.
28 Section 135. Restoration of suspended or revoked license.
29 At any time after the suspension or revocation of any
30 license, the Department may restore the license to the
31 accused person upon the written recommendation of the Board
32 unless, after an investigation and a hearing, the Board
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1 determines that restoration is not in the public interest.
2 Section 140. Surrender of license. Upon the revocation
3 or suspension of a license, the licensee shall immediately
4 surrender the license to the Department and if the licensee
5 fails to do so, the Department shall have the right to seize
6 the license.
7 Section 145. Temporary suspension of a license. The
8 Director may temporarily suspend the license of a
9 perfusionist without a hearing, simultaneously with the
10 institution of proceedings for a hearing provided for in
11 Section 95 of this Act, if the Director finds that evidence
12 in his or her possession indicates that a licensee's
13 continuation in practice would constitute an imminent danger
14 to the public. If the Director temporarily suspends a license
15 without a hearing, a hearing by the Board must be held within
16 30 days after the suspension has occurred.
17 Section 150. Administrative Review Law; venue. All final
18 administrative decisions of the Department are subject to
19 judicial review under the Administrative Review Law and its
20 rules. The term "administrative decision" is defined as in
21 Section 3-101 of the Administrative Review Law.
22 Proceedings for judicial review shall be commenced in the
23 circuit court of the county in which the party applying for
24 review resides, but if the party is not a resident of this
25 State, the venue shall be in Sangamon County.
26 Section 155. Certifications of record; costs. The
27 Department shall not be required to certify any record to the
28 Court or file any answer in court or otherwise appear in any
29 court in a judicial review proceeding unless there is filed
30 in the court, with the complaint, a receipt from the
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1 Department acknowledging payment of the costs of furnishing
2 and certifying the record, which shall be computed at the
3 rate of 20 cents per page of the record. Failure on the part
4 of a plaintiff to file a receipt in court shall be grounds
5 for dismissal of the action.
6 Section 160. Criminal penalties. A person who is found to
7 have violated a provision of this Act is guilty of a Class A
8 misdemeanor for a first offense and is guilty of a Class 4
9 felony for a second or subsequent offense.
10 Section 165. Illinois Administrative Procedure Act. The
11 Illinois Administrative Procedure Act is hereby expressly
12 adopted and incorporated in this Act as if all of the
13 provisions of that Act were included in this Act, except
14 that the notice required under Section 10 of that Act is
15 deemed sufficient when mailed to the last known address of a
16 party.
17 Section 170. Roster of licensees. The Department shall
18 maintain a current roster of the names and addresses of all
19 licensees and all persons whose licenses have been suspended
20 or revoked within the previous year. This roster shall be
21 available upon written request and payment of the required
22 fee.
23 Section 175. Home rule preemption. The regulation and
24 licensing of perfusionists are exclusive powers and functions
25 of the State. A home rule unit may not regulate or license
26 perfusionists. This Section is a denial and limitation of
27 home rule powers and functions under subsection (h) of
28 Section 6 of Article VII of the Illinois Constitution.
29 Section 180. Perfusionist Licensing Fund. All moneys
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1 collected under this Act shall be deposited into the
2 Perfusionist Licensing Fund, a special fund created in the
3 State Treasury. Subject to appropriation, moneys deposited
4 into the Fund shall be used by the Department exclusively for
5 the administration and enforcement of this Act.
6 Section 300. The Regulatory Agency Sunset Act is amended
7 by adding Section 4.19 as follows:
8 (5 ILCS 80/4.19 new)
9 Sec. 4.19. Act repealed on January 1, 2009. The
10 following Act is repealed on January 1, 2009:
11 The Perfusionist Licensing Act.
12 Section 400. The State Finance Act is amended by adding
13 Section 5.490 as follows:
14 (30 ILCS 105/5.490 new)
15 Sec. 5.490. The Perfusionist Licensing Fund.
16 Section 999. Effective date. This Act takes effect
17 January 1, 1999.