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Public Act 91-0827
SB1735 Enrolled LRB9110502ACtm
AN ACT concerning the regulation of professions, amending
named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Athletic Trainers Practice Act
is amended by changing Section 6 as follows:
(225 ILCS 5/6) (from Ch. 111, par. 7606)
Sec. 6. Athletic Training Board - Appointment -
Membership - Term - Duties. The Director shall appoint an
Illinois Board of Athletic Trainers as follows: 6 persons who
shall be appointed by and shall serve in an advisory capacity
to the Director. Two members must be licensed physicians; 3
members must be registered athletic trainers in good
standing, and actively engaged in the practice of athletic
training in this State; and 1 member must be a public member
who is not registered under this Act, or a similar Act of
another jurisdiction, and is not a provider of athletic
health care service.
Members shall serve 4 year terms and until their
successors are appointed and qualified except that of the
initial appointments, 1 member shall be appointed to serve
for one year, 2 shall be appointed to serve for 2 years, 2
shall be appointed to serve for 3 years, and the remaining
one, who shall be the public member, shall be appointed to
serve for 4 years, and until their successors are appointed
and qualified. No member shall be reappointed to the Board
for more than 2 terms. Appointments to fill vacancies shall
be made in the same manner as original appointments, for the
unexpired portion of the vacated term. Initial terms shall
begin upon the effective date of this Act.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
The Board shall present an annual report to the Director,
the content of which shall be set forth by the rules of the
Department.
The Director may terminate the appointment of any member
for cause which in the opinion of the Director reasonably
justifies such termination.
The Director shall consider the recommendation of the
Board on questions involving standards of professional
conduct, discipline, and qualifications of candidates and
license holders under this Act.
(Source: P.A. 89-216, eff. 1-1-96.)
Section 10. The Funeral Directors and Embalmers
Licensing Code is amended by changing Section 15-5 as
follows:
(225 ILCS 41/15-5) (from Ch. 111, par. 2825)
Sec. 15-5. Funeral Directors and Embalmers Licensing and
Disciplinary Board. A Funeral Directors and Embalmers
Licensing and Disciplinary Board is created and shall consist
of 7 persons, 6 of whom are licensed to practice funeral
directing and embalming in this State, and one who is a
knowledgeable public member. Each member shall be appointed
by the Director of the Department. The persons so appointed
shall hold their offices for 4 years and until a qualified
successor is appointed. All vacancies occurring shall be
filled by the Director for the unexpired portion of the term
rendered vacant. No member shall be eligible to serve for
more than 2 full terms. Any appointee may be removed by the
Director when in his or her discretion he or she finds
removal to be in the public interest. The cause for removal
must be set forth in writing. The Board shall annually select
a chairman from its membership. The members of the Board
shall be reimbursed for all legitimate and necessary expenses
incurred in attending meetings of the Board. The Board may
meet as often as necessary to perform its duties under this
Code, and shall meet at least once a year in Springfield,
Illinois.
The members of the Board appointed and serving under the
Funeral Directors and Embalmers Licensing Act of 1935 shall
continue to serve under the Funeral Directors and Embalmers
Licensing Code and until the expiration of their appointed
terms. These members may be reappointed if eligible under
this Section.
The Board shall submit a written report, at least
annually, to the Director in which it shall evaluate its own
and the Department's performance, inform the Department of
practice developments with the funeral service profession,
and provide recommendations for statutory or regulatory
program changes.
The Department may seek the advice and recommendations of
the Board on any matter relating to the administration and
enforcement of this Code.
The Department shall seek the advice and recommendations
of the Board in connection with any rulemaking or
disciplinary actions, including applications for restoration
of revoked licenses. The Board shall have 60 days to respond
to a Department request for advice and recommendations. If
the Department fails to adopt, in whole or in part, a Board
recommendation in connection with any rulemaking or
disciplinary action, it shall provide a written explanation
of its specific reasons for not adopting the Board
recommendation. The written explanations shall be made
available for public inspection.
The Department shall adopt all necessary and reasonable
rules and regulations for the effective administration of
this Code, and without limiting the foregoing, the Department
shall adopt rules and regulations:
(1) prescribing a method of examination of
candidates;
(2) defining what shall constitute a school,
college, university, department of a university or other
institution to determine the reputability and good
standing of these institutions by reference to a
compliance with the rules and regulations; however, no
school, college, university, department of a university
or other institution that refuses admittance to
applicants, solely on account of race, color, creed, sex
or national origin shall be considered reputable and in
good standing;
(3) establishing expiration dates and renewal
periods for all licenses;
(4) prescribing a method of handling complaints and
conducting hearings on proceedings to take disciplinary
action under this Code; and
(5) providing for licensure by reciprocity.
(Source: P.A. 87-966.)
Section 15. The Pharmacy Practice Act of 1987 is amended
by changing Section 10 as follows:
(225 ILCS 85/10) (from Ch. 111, par. 4130)
Sec. 10. State Board of Pharmacy. There is created in the
Department the State Board of Pharmacy. It shall consist of 9
members, 7 of whom shall be licensed pharmacists. Each of
those 7 members must be a licensed pharmacist in good
standing in this State, a graduate of an accredited college
of pharmacy or hold a Bachelor of Science degree in Pharmacy
and have at least 5 years' practical experience in the
practice of pharmacy subsequent to the date of his licensure
as a licensed pharmacist in the State of Illinois. There
shall be 2 public members, who shall be voting members, who
shall not be licensed pharmacists in this State or any other
state.
Each member shall be appointed by the Governor.
The terms of all members serving as of March 31, 1999
shall expire on that date. The Governor shall appoint 3
persons to serve one-year terms, 3 persons to serve 3-year
terms, and 3 persons to serve 5-year terms to begin April 1,
1999. Otherwise, members shall be appointed to 5 year terms.
No member shall be eligible to serve more than 12 consecutive
years.
In making the appointment of members on the Board, the
Governor shall give due consideration to recommendations by
the members of the profession of pharmacy and by
pharmaceutical organizations therein. The Governor shall
notify the pharmaceutical organizations promptly of any
vacancy of members on the Board and in appointing members
shall give consideration to individuals engaged in all types
and settings of pharmacy practice.
The Governor may remove any member of the Board for
misconduct, incapacity or neglect of duty and he shall be the
sole judge of the sufficiency of the cause for removal.
Every person appointed a member of the Board shall take
and subscribe the constitutional oath of office and file it
with the Secretary of State. Each member of the Board shall
be reimbursed for such actual and legitimate expenses as he
may incur in going to and from the place of meeting and
remaining thereat during sessions of the Board. In addition,
each member of the Board shall receive a per diem payment in
an amount determined from time to time by the Director for
attendance at meetings of the Board and conducting other
official business of the Board.
The Board shall hold quarterly meetings and an annual
meeting in January of each year and such other meetings at
such times and places and upon such notice as the Board may
determine and as its business may require. Five members of
the Board shall constitute a quorum for the transaction of
business. The Director shall appoint a pharmacy coordinator,
who shall be someone other than a member of the Board. The
pharmacy coordinator shall be a registered pharmacist in good
standing in this State, shall be a graduate of an accredited
college of pharmacy, or hold at a minimum a Bachelor of
Science degree in Pharmacy and shall have at least 5 years'
experience in the practice of pharmacy immediately prior to
his appointment. The pharmacy coordinator shall be the
executive administrator and the chief enforcement officer of
the Pharmacy Practice Act.
The Board shall exercise the rights, powers and duties
which have been vested in the Board under this Act, and any
other duties conferred upon the Board by law.
The Director shall, in conformity with the Personnel
Code, employ not less than 7 pharmacy investigators and 2
pharmacy supervisors. Each pharmacy investigator and each
supervisor shall be a registered pharmacist in good standing
in this State, and shall be a graduate of an accredited
college of pharmacy and have at least 5 years of experience
in the practice of pharmacy. The Department shall also employ
at least one attorney who is a pharmacist to prosecute
violations of this Act and its rules. The Department may, in
conformity with the Personnel Code, employ such clerical and
other employees as are necessary to carry out the duties of
the Board.
The duly authorized pharmacy investigators of the
Department shall have the right to enter and inspect during
business hours any pharmacy or any other place in the State
of Illinois holding itself out to be a pharmacy where
medicines or drugs or drug products or proprietary medicines
are sold, offered for sale, exposed for sale, or kept for
sale. The pharmacy investigators shall be the only Department
investigators authorized to inspect, investigate, and monitor
probation compliance of pharmacists and pharmacies.
The Board shall render annually to the Director a report
of their proceedings during the preceding year, together with
such other information and recommendations as the Board deems
proper.
(Source: P.A. 90-253, eff. 7-29-97.)
Section 20. The Physician Assistant Practice Act of 1987
is amended by changing Section 11 as follows:
(225 ILCS 95/11) (from Ch. 111, par. 4611)
Sec. 11. Committee. There is established a physician
assistant advisory committee to the Medical Licensing Board.
The physician assistant advisory committee shall review and
make recommendations to the Board regarding all matters
relating to physician assistants. The physician assistant
advisory committee shall be composed of 7 members. Three of
the 7 members shall be physicians, 2 of whom shall be members
of the Board and appointed to the advisory committee by the
chairman. One physician, not a member of the Board, shall be
a supervisor of a certified physician assistant and shall be
approved by the Governor from a list of Illinois physicians
supervising certified physician assistants. Three members
shall be physician assistants, certified under the law and
appointed by the Governor from a list of 10 names recommended
by the Board of Directors of the Illinois Academy of
Physician Assistants. One member, not employed or having any
material interest in any health care field, shall be
appointed by the Governor and represent the public. The
chairman of the physician assistant advisory committee shall
be a member elected by a majority vote of the physician
assistant advisory committee unless already a member of the
Board. The physician assistant advisory committee is required
to meet and report to the Board quarterly and as physician
assistant issues arise. The terms of office of each of the
original 7 members shall be at staggered intervals. One
physician and one physician assistant shall serve for a 2
year term. One physician and one physician assistant shall
serve a 3 year term. One physician, one physician assistant
and the public member shall serve a 4 year term. Upon the
expiration of the term of any member, his successor shall be
appointed for a term of 4 years in the same manner as the
initial appointment. No member shall serve more than 2
consecutive terms.
The members of the physician assistant advisory committee
shall be reimbursed for all authorized legitimate and
necessary expenses incurred in attending the meetings of the
committee.
A majority of the physician assistant advisory committee
members currently appointed shall constitute a quorum. A
vacancy in the membership of the committee shall not impair
the right of a quorum to perform all of the duties of the
committee.
Members of the physician assistant advisory committee
shall have no liability for any action based upon a
disciplinary proceeding or other activity performed in good
faith as a member of the committee.
(Source: P.A. 90-61, eff. 12-30-97.)
Section 25. The Veterinary Medicine and Surgery Practice
Act of 1994 is amended by changing Section 7 as follows:
(225 ILCS 115/7) (from Ch. 111, par. 7007)
Sec. 7. Veterinarian Licensing and Disciplinary Board.
The Director shall appoint a Veterinarian Licensing and
Disciplinary Board as follows: 7 persons shall be appointed
by and shall serve in an advisory capacity to the Director, 6
members must be licensed, in good standing, veterinarians in
this State, and must be actively engaged in the practice of
veterinary medicine and surgery in this State, and one member
must be a member of the public who is not licensed under this
Act, or a similar Act of another jurisdiction and who has no
connection with the veterinary profession.
Members shall serve 4 year terms and until their
successors are appointed and qualified, except that of the
initial appointments, one member shall be appointed to serve
for one year, 2 shall be appointed to serve for 2 years, 2
shall be appointed to serve for 3 years, and the remaining,
one of which shall be a public member, shall be appointed to
serve for 4 years and until their successors are appointed
and qualified. No member shall be reappointed to the Board
for more than 2 terms. Appointments to fill vacancies shall
be made in the same manner as original appointments, for the
unexpired portion of the vacated term. Initial terms shall
begin upon the effective date of this Act.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State. The
Director shall consider the recommendations made by the State
Veterinary Medical Association in making appointments.
The Director may terminate the appointment of any member
for cause which in the opinion of the Director reasonably
justifies such termination.
The Board shall present an annual report to the
Department, the content of which shall be specified by rule.
The Board shall annually elect a Chairman who shall be a
Veterinarian.
The Director shall consider the advice and
recommendations of the Board on questions involving standards
of professional conduct, discipline and qualifications of
candidates and licensees under this Act.
Members of the Board shall be entitled to receive a per
diem at a rate set by the Director and shall be reimbursed
for all authorized expenses incurred in the exercise of their
duties.
Members of the Board have no liability in any action
based upon any disciplinary proceeding or other activity
performed in good faith as a member of the Board.
(Source: P.A. 88-424.)
Section 30. The Illinois Certified Shorthand Reporters
Act of 1984 is amended by changing Section 8 as follows:
(225 ILCS 415/8) (from Ch. 111, par. 6208)
Sec. 8. The Director shall appoint a certified Shorthand
Reporters Board as follows: 7 persons who shall be appointed
by and shall serve in an advisory capacity to the Director.
Six members must be certified shorthand reporters, in good
standing, and actively engaged in the practice of shorthand
reporting in this State for ten years, and one member must be
a member of the public who is not certified under this Act,
or a similar Act of another jurisdiction.
Members shall serve 4 year terms and until their
successors are appointed and qualified, except that of the
initial appointments, one member shall be appointed to serve
for one year, 2 shall be appointed to serve for 2 years, 2
shall be appointed to serve for 3 years, and the remaining
one, who shall be the public member, shall be appointed to
serve for 4 years, until their successors are appointed and
qualified. No member shall be reappointed to the Board for a
term that would cause his continuous service on the Board to
be longer than 8 successive years. Service prior to the
effective date of this amendatory Act of 1991 shall be
considered. Appointments to fill vacancies shall be made in
the same manner as original appointments, for the unexpired
portion of the vacated term. Initial terms shall begin upon
the effective date of this Act.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State. In
making appointments to the Board, the Director shall give
consideration to recommendations by national and State
organizations of the shorthand reporter profession and shall
promptly give notice to such organizations of any vacancy in
the membership of the Board.
The Board shall present an annual report to the Director,
the content of which shall be set forth by the rules of the
Department.
The Director may terminate the appointment of any member
for cause which in the opinion of the Director reasonably
justifies such termination.
The Director shall consider the recommendations of the
Board on questions involving standards of professional
conduct, discipline and qualifications of candidates and
certificate holders under this Act.
The Director may remove any member who fails to attend 3
consecutive meetings unless the member has a medical excuse.
(Source: P.A. 87-481; 87-576.)
Section 35. The Illinois Public Accounting Act is amended
by changing Section 14 as follows:
(225 ILCS 450/14) (from Ch. 111, par. 5515)
Sec. 14. Qualifications. The Department shall license as
public accountants the following:
(a) All persons who have received or who hereafter
receive certificates as certified public accountants from the
Board, who have had at least one year of full-time
experience, or its equivalent, providing any type of service
or advice involving the use of accounting, attest, management
advisory, financial advisory, tax, or consulting skills,
which may be gained through employment in government,
industry, academia, or public practice.
If the applicant's certificate was issued more than 4
years prior to the application for an internal license under
this Section, the applicant shall submit any evidence the
Department may require showing the applicant has completed
not less than 90 hours of continuing professional education
acceptable to the Department within the 3 years immediately
preceding the date of application.
The Committee shall be the sole and final judge of the
qualification of experience under this section.
(b) All partnerships, limited liability companies, or
corporations, or other entities engaged in the practice of
public accounting in this State and meeting the following
requirements:
(1) (Blank).
(2) A majority of the ownership of the firm, in
terms of financial interests and voting rights of all
partners, officers, shareholders, members, or managers,
belongs to persons licensed in some state, and the
partners, officers, shareholders, members, or managers
whose principal place of business is in this State and
who practice public accounting in this State, as defined
in Section 8 of this Act, hold a valid license issued by
this State.
(3) It shall be lawful for a nonprofit cooperative
association engaged in rendering an auditing and
accounting service to its members only, to continue to
render that service provided that the rendering of
auditing and accounting service by the cooperative
association shall at all times be under the control and
supervision of public accountants.
(4) The Department may adopt rules and regulations
as necessary to provide for the practice of public
accounting by business entities that may be otherwise
authorized by law to conduct business in Illinois.
The Director shall appoint a Public Accountant
Registration Committee as follows: 7 persons who shall be
appointed by and shall serve in an advisory capacity to the
Director. Six members must be licensed public accountants,
in good standing, and must be actively engaged in the
practice of public accounting in this State, and one member
of the public, who is not licensed under this Act, or a
similar Act of another jurisdiction, and, who has no
connection with the accounting or public accounting
profession. Members shall serve 4 year terms and until their
successors are appointed and qualified. No member shall be
reappointed to the Committee for more than 2 terms.
Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of
the vacated term. The membership of the Committee should
reasonably reflect representation from the geographic areas
in this State.
The members of the Committee appointed by the Director
shall receive reasonable compensation, to be determined by
the Department, for the necessary, legitimate, and
authorized expenses approved by the Department. All expenses
shall be paid from the Registered Certified Public
Accountants' Administration and Disciplinary Fund.
The Director may terminate the appointment of any member
for cause.
The Committee shall present an annual report to the
Department the content of which shall be specified by rule.
The Director shall consider the advice and
recommendations of the Committee on questions involving
standards of professional conduct, discipline and
qualifications of candidates and licensees under this Act.
(Source: P.A. 91-508, eff. 8-13-99.)
(20 ILCS 2105/2105-210 rep.)
Section 90. The Department of Professional Regulation
Law is amended by repealing Section 2105-210.
Section 99. Effective date. This Act takes effect upon
becoming law.
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