AUTHORITY: Implementing Section 5-15 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-15) and authorized by Section 60 of the Civil Administrative Code (Ill. Rev. Stat. 1991, ch. 127. par. 60).

SOURCE: Adopted at 8 Ill. Reg. 8616, effective April 26, 1984; transferred from Chapter XIX, 2 Ill. Adm. Code 1150 (Department of Registration and Education) to Chapter XXVI, 2 Ill. Adm. Code 1325 (Department of Professional Regulation) pursuant to P.A. 85-225 effective January 1, 1988, at 12 Ill. Reg. 2976.

SUBPART A: PUBLIC INFORMATION

 

Section 1325.10  Licensing Acts – Professions and Occupations

 

Following are the names and citations for the acts and rules administered by the Department as well as the names of the Committees/Boards which are advisory to the Department for each profession regulated.

 

 

ARCHITECT	The Illinois Architecture Act (Ill. Rev. Stat. 1983, ch. 111, par, 1201, et seq.)   Rules for the Administration of the Architecture Act (68 Ill. Adm. Code 1150)   Architect Examining Committee
ATHLETIC	Professional Boxing and Wrestling Act (Ill. Rev. Stat. 1983, ch. 111, par. 5001, et seq.)   Rules for the Administration of the Professional Boxing and Wrestling Act (68 Ill. Adm. Code 1370)   State Boxing and Wrestling Board
BARBER	Illinois Barber Law (Ill. Rev. Stat. 1983, ch. 111, par. 1601, et seq.)   Rules for the Administration of the Barber Law (68 Ill. Adm. Code 1170)   Barber Committee
BEATUY CULTURE	The Illinois Beauty Culture Act (Ill. Rev. Stat. 1983, ch. 111, par. 1801, et seq.)   Rules for the Administration of the Illinois Beauty Culture Act (68 Ill. Adm. Code 1180)   Beauty Culture Committee
COLLECTION AGENCY	Collection Agency Act (Ill. Rev. Stat. 1983, ch. 111, par. 2001, et seq.)   Rules for the Administration of the Collection Agency Act (68 Ill. Adm. Code 1210)   No Committee
CONTROLLED SUBSTANCES	Illinois Controlled Substances Act (Ill. Rev. Stat. 1983, ch. 56½, Par. 100, et seq.)   Rules for the Administration of the Illinois Controlled Substances Act (77 Ill. Adm. Code 3100)   No Committee
DENTAL	The Dental Practice Act (Ill. Rev. Stat. 1983, ch. 111, par. 2201, et seq.)   Rules for the Administration of the Dental Practice Act (68 Ill. Adm. Code 1220)   Dental Examining Committee
DETECTION OF DECEPTION	The Detection of Deception Examiner Act (Ill. Rev. Stat. 1983, ch. 111, par. 2401, et seq.)   Rules for the Administration of the Detection of Deception Examiner Act (68 Ill. Adm. Code 1230)   Detection of Deception Examiner Committee
DETECTIVE	Private Detective and Private Security Act of 1983 (P.A. 83 – 1069, effective January 5, 1984)   Rules for the Administration of the Private Detective and Private Security Act (68 Ill. Adm. Code 1240)   Illinois Private Detective and Private Security Board
FUNERAL DIRECTORS & EMBALMERS	The Funeral Directing and Embalming Act (Ill. Rev. Stat. 1983, ch. 111, par. 2800, et seq.)   Rules for the Administration of the Funeral Directing and Embalming Act (68 Ill. Adm. Code 1250)   Funeral Directors and Embalmers Licensing and Disciplinary Board
LAND SALES	Illinois Land Sales Act (Ill. Rev. Stat. 1983, ch. 30, par. 371, et seq.)   Rules for the Administration of the Illinois Land Sales Act (68 Ill. Adm. Code 1260)   No Committee
LAND SURVEYORS	The Illinois Land Surveyors Act (Ill. Rev. Stat. 1983, ch. 111, par. 3201, et seq.)   Rules for the Administration of the Land Surveyors Act (68 Ill. Adm. Code 1270)   Land Surveyor Examining Committee
MEDICAL	Medical Practice Act (Ill. Rev. Stat. 1983, ch. 111, par. 4401, et seq.)   Rules for the Administration of the Medical Practice Act (68 Ill. Adm. Code 1280)   Medical Disciplinary Rules (68 Ill. Adm. Code 1290)   The Physician's Assistants Practice Act (Ill. Rev. Stat. 1983, ch. 111, par. 4751, et seq.)   Rules for the Administration of the Physician's Assistants Practice Act (68 Ill. Adm. Code 1350)   Medical Practice Examining Committee Illinois State Medical Disciplinary Board (No Physician's Assistants Committee)
NURSE	The Illinois Nursing Act (Ill. Rev. Stat. 1983, ch. 111, par. 3401, et seq.)   Rules for the Administration of the Illinois Nursing Act (68 Ill. Adm. Code 1300)   Committee of Nurse Examiners Board for Opinions on Professional Nursing
NURSING HOME ADMINISTRATORS	Nursing Home Administrators Licensing Act (Ill. Rev. Stat. 1983, ch. 111, par. 3601, et seq.)   Rules for the Administration of the Nursing Home Administrators Licensing Act (68 Ill. Adm. Code 1310)   Nursing Home Administrators Licensing Board
OCCUPATIONAL THERAPY	Illinois Occupational Therapy Practice Act (Ill. Rev. Stat. 1983, ch. 111, par. 3701, et seq.)   Rules for the Administration of the Illinois Occupational Therapy Practice Act (68 Ill. Adm. Code 1315)   Illinois Occupational Therapy Board
OPTOMETRY	The Illinois Optometric Practice Act (Ill. Rev. Stat. 1983, ch. 111, par. 3801, et seq.)   Rules for the Administration of the Illinois Optometric Practice Act (68 Ill. Adm. Code 1320)   Optometry Examining and Disciplinary Committee
PHARMACY	Pharmacy Practice Act (Ill. Rev. Stat. 1983, ch. 111, par. 4001, et seq.)   Rules for the Administration of the Pharmacy Practice Act (68 Ill. Adm. Code 1330)   State Board of Pharmacy
PHYSICAL THERAPY	Illinois Physical Therapy License Act (Ill. Rev. Stat. 1983, ch. 111, par. 4201, et seq.)   Rules and Regulations for the Administration of the Illinois Physical Therapy Act (68 Ill. Adm. Code 1340)   Physical Therapy Examining Committee
PODIATRY	The Illinois Podiatry Law (Ill. Rev. Stat. 1983, ch. 111, par. 4901, et seq.)   Rules for the Administration of the Podiatry Act (68 Ill. Adm. Code 1360)   Podiatry Examining Committee
PROFESSIONAL ENGINEERING	The Illinois Professional Engineering Act (Ill. Rev. Stat. 1983, ch. 111, par. 5101, et seq.)   Rules for the Administration of the Illinois Professional Engineering Act (68 Ill. Adm. Code 1380)   Professional Engineering Examining Committee
PROFESSIONAL SERVICE CORP.	The Medical Corporation Act (Ill. Rev. Stat. 1983, ch. 32, par. 631, et seq.)   The Professional Service Corporation Act (Ill. Rev. Stat. 1983, ch. 32, par. 415-1, et seq.)   No Committee and no Rules
PSYCHOLOGIST	Psychologist Registration Act (Ill. Rev. Stat. 1983, ch. 111, par. 5301, et seq.)   Rules for the Administration of the Psychologist Registration Act (68 Ill. Adm. Code 1400)   Psychologist Examining Committee
PUBLIC ACCOUNTANTS	The Illinois Public Accounting Act (Ill. Rev. Stat. 1983, ch. 111, par. 5500.01, et seq.)   Rules for the Administration and Enforcement of the Provisions of the Illinois Public Accounting Act (68 Ill. Adm. Code 1420)   Rules of Professional Conduct for the Illinois Public Accounting Act (68 Ill. Adm. Code 1430)   Illinois Public Accountants Registration Committee
REAL ESTATE	The Real Estate License Act of 1983 (Ill. Rev. Stat. 1983, ch. 111, par. 5801, et seq.)   Rules for the Administration of the Real Estate License Act (68 Ill. Adm. Code 1450)   Real Estate Administration and Disciplinary Board
SHORTHAND REPORTERS	Illinois Certified Shorthand Reporters Act of 1984 (Ill. Rev. Stat. 1983, ch. 111, par. 6202, et seq.)   Rules for the Administration of the Illinois Certified Shorthand Reporters Act (68 Ill. Adm. Code 1200)   Certified Shorthand Reporters Board
SOCIAL WORKERS	Social Workers Registration Act (Ill. Rev. Stat. 1983, ch. 111, par. 6301, et seq.)   Rules for the Administration of the Social Workers Registration Act (68 Ill. Adm. Code 1470)   Social Workers Examining Committee
STRUCTURAL ENGINEERING	The Illinois Structural Engineering Act (Ill. Rev. Stat. 1983, ch. 111, par. 5601, et seq.)   Rules for the Administration of the Illinois Structural Engineering Act (68 Ill. Adm. Code 1480)   Structural Engineering Committee
VETERINARIANS	The Veterinary Medicine and Surgery Practice Act (P.A. 83-1016, effective January 1, 1984)   Rules for the Administration of the Veterinary Medicine and Surgery Practice Act (68 Ill. Adm. Code 1500)   Veterinary Licensing and Disciplinary Board

 

 

Section 1325.20  Policy

 

Persons requesting information relative to policies of the Department must submit written request to:

 

            Director

            Department of Professional Regulation

            320 West Washington Street

            Third Floor

            Springfield, IL  62786

SUBPART B: RULEMAKING

 

Section 1325.30  Rulemaking

 

a)         A chart depicting the Department's rulemaking process is Appendix B to these Rules.

 

b)         Persons requesting information concerning the rulemaking process of the Department should contact the Rules Coordinator in the Springfield Office of the Department.

 

c)         Copies of rules and laws currently in effect are available to the public by written request to the Licensure Maintenance Unit, Springfield Office.

SUBPART C: ORGANIZATION

 

Section 1325.40  Agency Mandate

 

a)         The Department of Professional Regulation is impowered by law (Ill. Rev. Stat. 1981, Ch. 127, par. 60) to:

 

1)         Authorize examinations in English to ascertain the qualifications of applicants;

 

2)         Prescribe rules for a fair and impartial method of examination of candidates;

 

3)         Pass upon qualifications of applicants for licenses by reciprocity and endorsement;

 

4)         Prescribe rules defining schools for the professions, occupations and trades which are reputable and in good standing;

 

5)         Conduct hearings on proceedings to revoke, suspend, refuse to renew, place on probationary status or take any other disciplinary action as may be authorized in any licensing act administered by the Department.

 

6)         Transfer jurisdiction of realty under the control of the Department to any other Department of State government or to accept or acquire Federal lands when approved by the Governor;

 

7)         Formulate rules as may be necessary for the enforcement of any act administered by the Department; and

 

8)         Perform such other duties as prescribed by law.

 

b)         Unless the particular act otherwise specifies, none of the powers and duties described in subparagraph a) above shall be exercised by the Department without the report and action in writing of the appropriate committee or board where the Act to be administered provides for a committee or board.

 

Section 1325.50  Agency Organization

 

a)         Division of Licensing and Testing

 

1)         The Division of Licensing and Testing is primarily responsible for verifying applicant eligibility by determining training and education relative to the requirements of the various licensing acts and rules and administration of examinations to candidates.

 

2)         The Committees and Boards appointed for each licensed profession are advisory to the Department and except for medical disciplinary, also function primarily within the Division of Licensing and Testing (there is no committee for collection agencies or land sales).  Requests for information about scheduling and agendas of Committee and Board meetings should be directed to the Division of Licensing and Testing.

 

3)         The nursing education coordinators who are responsible for evaluation of nursing programs in the State are also a part of this Division.

 

4)         Other functions include processing of renewal, reinstatement and restoration applications, changes of name and address of registrants, and certifications of licensure.

 

b)         Division of Enforcement

The Division of Enforcement is responsible for monitoring the practices of occupations licensed by the Department; investigating complaints received concerning persons and entities licensed by the Department; and prosecuting disciplinary matters before the Committees and Boards.

 

c)         General Counsel

The General Counsel serves as the legal advisor to the Department and its various Boards and Commissions.  In addition, the Office of the General Counsel is responsible for the development and implementation of rules, legislation (including Sunset review) and policy and for the resolution of the more complex and technical licensing issues.  The General Counsel's office also serves as liaison to the Attorney General in all litigation affecting the Department and responds to all subpoenas and other legal process served upon the Department.  The General Counsel's office will also process, through a designated staff person, all requests for information under the Freedom of Information Act.

 

d)         Office of the Medical Coordinator

The Office of the Medical Coordinator is in the Springfield Office of the Department and is responsible for enforcement and discipline of persons licensed pursuant to the provisions of the Medical Practice Act (Ill. Rev. Stat. 1981, ch. 111, par. 4401, et seq.) and the Physician's Assistant Act (Ill. Rev. Stat. 1981, ch. 111, par. 4751 et seq.).  The Medical Coordinator, who is an Illinois licensed physician, hired by the Director of the Department, is the chief enforcement officer of the Medical Practice Act and liaison to the Medical Disciplinary Board.  Medical investigators and clerical staff are also assigned to this Office.

 

e)         Office of the Dental Coordinator

The Office of Dental Coordinator is in the Chicago Office of the Department is responsible for enforcement and discipline of persons licensed pursuant to the provisions of the Dental Practice Act (Ill. Rev. Stat. 1981, ch. 111, pars. 2201 et seq.).  The Dental Coordinator, who is a dentist licensed in the State of Illinois, hired by the Director of the Department, is the chief enforcement officer of the Dental Practice Act and liaison to the Dental Disciplinary Board.  Dental investigators and clerical staff are also assigned to this Office.

 

f)         Real Estate Enforcement

The Office of Real Estate Enforcement is housed in the Springfield Office of the Department and is responsible for enforcement of the Real Estate License Act (Ill. Rev. Stat. 1983, ch. 111, par. 5801, et seq.). The Real Estate Commissioner, hired by the Director, serves as the Chairman of the Real Estate Administration and Disciplinary Board and is the liaison between the Department and the real estate profession and professional associations.  Staff of this office includes the Assistant Commissioner of Real Estate, investigators and clerical support who also are responsible for administration and enforcement of the Land Sales Act (Ill. Rev. Stat. 1983, ch. 30, par. 371, et seq.).

 

g)         Data Processing Operations

The Data Processing Operations Section is responsible for all electronic data processing functions of the Department, maintenance of registrant and applicant systems, word processing and roster of persons currently licensed by the Department.

 

h)         Public Information

The Public Information Officer serves as the liaison to the news media and many groups external to the Department.  Persons wishing to make submissions or obtain information about the general functions of the Department should contact the Public Information Officer in the Springfield Office of the Department.

 

i)          Internal Auditor

The Internal Auditor is responsible for monitoring all internal functions of the Department.

 

j)          Personnel Management Unit

The Personnel Management Unit is responsible for personnel functions, payroll, retirement, workmen's compensation and liaison with the Department of Personnel and the employee unions.

 

k)         Fiscal Operations

The Fiscal Operations Office is responsible for monitoring all fiscal and bookkeeping functions, business services, printing and supplies.