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91_SB0124eng
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1 AN ACT concerning the regulation of perfusionists.
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 Practice Act.
6 Section 5. Objects and purposes. Practice as a
7 perfusionist in the State of Illinois is declared to affect
8 the public health, safety, and welfare and to be subject to
9 regulation and control in the public interest. The purpose
10 and legislative intent of this Act is to encourage and
11 promote the more effective utilization of the skills of
12 physicians by enabling them to delegate certain health
13 related procedures to perfusionists when the delegation is
14 consistent with the health and welfare of the patient and is
15 conducted at the direction of and under the responsible
16 supervision of the physician.
17 It is further declared to be a matter of public health
18 and concern that the practice as a perfusionist merit and
19 receive the confidence of the public and, therefore, that
20 only qualified persons be authorized to practice as
21 perfusionists in the State of Illinois. This Act shall be
22 liberally construed to best carry out these subjects and
23 purposes.
24 Section 10. Definitions. As used in this Act:
25 "Board" means the Board of Perfusion.
26 "Department" means the Department of Professional
27 Regulation.
28 "Director" means the Director of Professional Regulation.
29 "Extracorporeal circulation" means the diversion of a
30 patient's blood through a heart-lung machine or a similar
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1 device that assumes the functions of the patient's heart,
2 lungs, kidney, liver, or other organs.
3 "New graduate perfusionist" means a perfusionist
4 practicing within a period of one year since the date of
5 graduation from a Commission on Accreditation of Allied
6 Health Education Programs accredited perfusion education
7 program.
8 "Perfusion" means the functions necessary for the
9 support, treatment, measurement, or supplementation of the
10 cardiovascular systems or other organs, or a combination of
11 those functions, and to ensure the safe management of
12 physiologic functions by monitoring and analyzing the
13 parameters of the systems under an order and under the
14 supervision of a physician licensed to practice medicine in
15 all its branches.
16 "Perfusionist" means a person, qualified by academic and
17 clinical education, to operate the extracorporeal circulation
18 equipment during any medical situation where it is necessary
19 to support or replace a person's cardiopulmonary,
20 circulatory, or respiratory function. A perfusionist is
21 responsible for the selection of appropriate equipment and
22 techniques necessary for support, treatment, measurement, or
23 supplementation of the cardiopulmonary and circulatory system
24 of a patient, including the safe monitoring, analysis, and
25 treatment of physiologic conditions under an order and under
26 the supervision of a physician licensed to practice medicine
27 in all its branches and in coordination with a registered
28 professional nurse.
29 "Perfusion protocols" means perfusion related policies
30 and protocols developed or approved by a licensed health
31 facility or a physician through collaboration with
32 administrators, licensed perfusionists, and other health care
33 professionals.
34 "Physician" or "operating physician" means a person
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1 licensed to practice medicine in all of its branches under
2 the Medical Practice Act of 1987.
3 Section 15. Powers and duties of the Department.
4 (a) The Department shall exercise the powers and duties
5 prescribed by the Civil Administrative Code of Illinois for
6 the administration of licensing Acts and shall exercise any
7 other powers and duties necessary for effectuating the
8 purposes of this Act.
9 (b) The Department may adopt rules consistent with the
10 provisions of this Act for its administration and enforcement
11 and may prescribe forms that shall be issued in connection
12 with this Act. The rules may include but are not limited to
13 standards and criteria for licensure, professional conduct,
14 and discipline.
15 Section 20. Illinois Administrative Procedure Act; rules.
16 (a) The Illinois Administrative Procedure Act is
17 expressly adopted and incorporated in this Act as if all of
18 the provisions of the Illinois Administrative Procedure Act
19 were included in this Act, except that the provision of
20 subsection (d) of Section 10-65 of the Illinois
21 Administrative Procedure Act that provides that at hearings
22 the licensee has the right to show compliance with all lawful
23 requirements for retention, continuation, or renewal of the
24 license is specifically excluded. For purposes of this Act,
25 the notice required under Section 10-25 of the Illinois
26 Administrative Procedure Act is deemed sufficient when mailed
27 to the last known address of a party.
28 (b) The Director may promulgate rules for the
29 administration and enforcement of this Act and may prescribe
30 forms to be issued in connection with this Act.
31 Section 25. Board of Perfusion. The Director shall
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1 appoint a Board of Perfusion to consist of 5 persons who
2 shall be appointed by and shall serve in an advisory capacity
3 to the Director. Two members must hold an active license to
4 engage in the practice of perfusion in this State, one member
5 must be a physician licensed under the Medical Practice Act
6 of 1987 who is board certified in and actively engaged in the
7 practice of cardiothoracic surgery, one member must be a
8 licensed registered professional nurse certified by the
9 Association of Operating Room Nurses, and one member must be
10 a member of the public who is not licensed under this Act or
11 a similar Act of another jurisdiction and who has no
12 connection with the profession. The initial appointees who
13 would otherwise be required to be licensed perfusionists
14 shall instead be individuals who have been practicing
15 perfusion for at least 5 years and who are eligible under
16 this Act for licensure as perfusionists.
17 Members shall serve 4-year terms and until their
18 successors are appointed and qualified, except that, of the
19 initial appointments, 2 members shall be appointed to serve
20 for 2 years, 2 members shall be appointed to serve for 3
21 years, and 1 member shall be appointed to serve for 4 years,
22 and until their successors are appointed and qualified. No
23 member shall be reappointed to the Board for a term that
24 would cause his or her continuous service on the Board to be
25 longer than 8 consecutive years. Appointments to fill
26 vacancies shall be made in the same manner as original
27 appointments for the unexpired portion of the vacated term.
28 Initial terms shall begin upon the effective date of this
29 Act.
30 The Board shall annually elect a chairperson and a
31 vice-chairperson who shall preside in the absence of the
32 chairperson. The membership of the Board should reasonably
33 reflect representation from the various geographic areas in
34 this State. The Director may terminate the appointment of
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1 any member for cause. The Director may give due
2 consideration to all recommendations of the Board. A
3 majority of the Board members currently appointed shall
4 constitute a quorum. A vacancy in the membership of the
5 Board shall not impair the right of a quorum to exercise the
6 rights and perform all the duties of the Board. Members of
7 the Board shall have no liability in any action based upon
8 any disciplinary proceeding or other activity performed in
9 good faith as a member of the Board.
10 Section 30. Application for licensure. An application
11 for an initial license shall be made to the Department in
12 writing on forms prescribed by the Department and shall be
13 accompanied by the required nonrefundable fee. An
14 application shall require information that, in the judgment
15 of the Department, will enable the Department to evaluate the
16 qualifications of an applicant for licensure.
17 If an applicant fails to obtain a license under this Act
18 within 3 years after filing his or her application, the
19 application shall be denied. The applicant may make a new
20 application, which shall be accompanied by the required
21 nonrefundable fee.
22 A person shall be qualified for licensure as a
23 perfusionist if that person:
24 (1) has applied to the Department for licensure in
25 accordance with this Section;
26 (2) has not violated a provision of Section 110 of
27 this Act; in addition the Department may take into
28 consideration any felony conviction of the applicant, but
29 a conviction shall not operate as an absolute bar to
30 licensure; and
31 (3) has successfully completed the examination
32 provided by the American Board of Cardiovascular
33 Perfusion (ABCP) or its successor agency or a
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1 substantially equivalent examination approved by the
2 Department;
3 (4) has met the requirements for certification set
4 forth by the American Board of Cardiovascular Perfusion
5 or its successor agency; and
6 (5) has graduated from a school accredited by the
7 Commission on the Accreditation of Allied Health
8 Education Programs (CAAHEP) or a similar accrediting body
9 approved by the Department.
10 Section 40. Practice prohibited. No person may use the
11 title and designation of a "Licensed Perfusionist",
12 "Certified Perfusionist", "Certified Clinical Perfusionist",
13 "Perfusionist", or "CCP", either directly or indirectly, in
14 connection with his or her profession or business, unless he
15 or she has been issued a valid, existing license as a
16 perfusionist under this Act.
17 No person may practice, offer to practice, attempt to
18 practice, or hold himself or herself out to practice as a
19 licensed perfusionist without being licensed under this Act.
20 This does not mean that all of the aspects of practice listed
21 in Sections 10 and 50 of this Act are practices or skills
22 only a perfusionist can perform. Other licensed or certified
23 persons may, if qualified, be allowed to perform some or all
24 of these practices.
25 Section 45. Application of Act. This Act shall not be
26 construed to prohibit the following:
27 (1) a person licensed in this State under any other Act
28 from engaging in the practice for which he or she is
29 licensed;
30 (2) a student enrolled in an accredited perfusion
31 education program from performing perfusion services if
32 perfusion services performed by the student:
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1 (A) are an integral part of the student's course of
2 study; and
3 (B) are performed under the direct supervision of a
4 licensed perfusionist who is assigned to supervise the
5 student and who is on duty and immediately available in
6 the assigned patient care area;
7 (3) a new graduate from performing perfusion services,
8 if perfusion services performed by the new graduate
9 perfusionist:
10 (A) are necessary to fulfill the eligibility
11 requirements for the ABCP certification examination
12 required under subsection (3) of Section 30; and
13 (B) are performed under the direct supervision and
14 responsibility of a licensed perfusionist who is assigned
15 to supervise the graduate perfusionist and who is on duty
16 and immediately available in the assigned patient care
17 area;
18 (4) any legally qualified perfusionist employed by the
19 United States government from engaging in the practice of
20 perfusion while in the discharge of his or her official
21 duties; or
22 (5) one or more licensed perfusionists from forming a
23 professional service corporation in accordance with the
24 Professional Service Corporation Act.
25 Section 50. Scope of practice. The scope of practice as
26 a clinical perfusionist includes the following functions:
27 (1) the use of extracorporeal circulation,
28 long-term cardiopulmonary support techniques, including
29 extracorporeal carbon dioxide removal and extracorporeal
30 membrane oxygenation, and associated therapeutic and
31 diagnostic techniques;
32 (2) counterpulsation, ventricular assistance,
33 autotransfusion, blood conservation techniques,
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1 myocardial and organ preservation, extracorporeal life
2 support, and isolated limb perfusion;
3 (3) blood management techniques, advanced life
4 support, and other related functions; and
5 (4) in the performance of the acts described in
6 items (1) through (3) of this Section:
7 (A) the administration of (i) pharmacological
8 and therapeutic agents and (ii) blood products or
9 anesthetic agents through the extracorporeal circuit
10 or through an intravenous line in conjunction with
11 extracorporeal support, as ordered by and under the
12 direct supervision of a physician licensed to
13 practice medicine in all its branches;
14 (B) the performance and use of (i)
15 anticoagulation monitoring and analysis, (ii)
16 physiologic monitoring and analysis, (iii) blood gas
17 and chemistry monitoring and analysis, (iv)
18 hematologic monitoring and analysis, (v)
19 hypothermia, (vi) hyperthermia, (vii)
20 hemoconcentration and hemodilution, and (viii)
21 cardiopulmonary hemodialysis; and
22 (C) the observation of signs and symptoms
23 related to perfusion services, the determination of
24 whether the signs and symptoms exhibit abnormal
25 characteristics, and the implementation of
26 appropriate reporting, perfusion protocols or
27 changes in or the initiation of emergency
28 procedures.
29 Section 60. Display of license; change of address.
30 (a) The Department shall issue a perfusionist license
31 to a person meeting the application and qualification
32 requirements of Section 30 of this Act. However, a person is
33 eligible for one year from the effective date of this Act to
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1 make application to the Board and receives a license
2 notwithstanding the requirements of Section 30 of this Act if
3 the person is actively engaged in the practice of perfusion
4 consistent with applicable law and if the person has at least
5 5 years experience operating cardiopulmonary bypass systems
6 during cardiac surgical cases in a licensed health care
7 facility as the person's primary function between January 1,
8 1991 and the effective date of this Act.
9 (b) A licensee shall maintain on file at all times
10 during which the licensee provides services in a health care
11 facility a true and correct copy of the license certificate
12 in the appropriate records of the facility.
13 Section 65. Licensure by endorsement. The Department
14 may, in its discretion, license as a perfusionist, without
15 examination and on payment of the required fee, an applicant
16 who (1) is licensed as a perfusionist under the laws of
17 another state, territory, or country, if the requirements for
18 licensure in that state, territory, or country in which the
19 applicant was licensed were, at the date of his or her
20 licensure, substantially equal to the requirements in force
21 in this State on that date or (2) holds a current certificate
22 as a certified clinical perfusionist issued by the American
23 Board of Cardiovascular Perfusion (ABCP), or its successor
24 organization, prior to January 1, 1999.
25 Section 70. Renewal, reinstatement or restoration of
26 license; continuing education; military service. The
27 expiration date and renewal period for each license issued
28 under this Act shall be set by the Department by rule.
29 Renewal shall be conditioned on paying the required fee and
30 meeting other requirements as may be established by rule.
31 A licensee who has permitted his or her license to
32 expire or who has had his or her license on inactive
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1 status may have the license restored by making
2 application to the Department, by filing proof acceptable to
3 the Department of his or her fitness to have the license
4 restored, and by paying the required fees. Proof of fitness
5 may include sworn evidence certifying to active lawful
6 practice in another jurisdiction.
7 If the licensee has not maintained an active practice
8 in another jurisdiction satisfactory to the Department,
9 the Department shall determine, by an evaluation program
10 established by rule, his or her fitness for
11 restoration of the license and shall establish procedures and
12 requirements for restoration. However, a licensee whose
13 license expired while he or she was (1) in federal
14 service on active duty with the Armed Forces of the United
15 States or the State Militia called into service or
16 training or (2) in training or education under the
17 supervision of the United States before induction into
18 the military service, may have the license restored without
19 paying any lapsed renewal fees if within 2 years after
20 honorable termination of the service, training, or
21 education he or she furnishes the Department with
22 satisfactory evidence to the effect that he or she has
23 been so engaged and that his or her service, training, or
24 education has been so terminated.
25 Section 80. Inactive status. A licensee who notifies
26 the Department in writing on forms prescribed by the
27 Department may elect to place his or her license on an
28 inactive status and shall, subject to rules of the
29 Department, be excused from payment of renewal fees until he
30 or she notifies the Department in writing of his or her
31 intention to restore the license. A licensee requesting
32 restoration from inactive status shall pay the current
33 renewal fee and shall restore his or her license in
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1 accordance with Section 70 of this Act. A licensee whose
2 license is on inactive status shall not practice as a
3 perfusionist in this State. A licensee who engages in
4 practice as a perfusionist while his or her license is lapsed
5 or on inactive status shall be considered to be practicing
6 without a license, which shall be grounds for discipline
7 under Section 105 of this Act.
8 Section 90. Fees; returned checks.
9 (a) The Department shall set by rule fees for the
10 administration of this Act, including but not limited to fees
11 for initial and renewal licensure and restoration of a
12 license.
13 (b) A person who delivers a check or other payment to
14 the Department that is returned to the Department unpaid by
15 the financial institution upon which it is drawn shall pay to
16 the Department, in addition to the amount already owed to the
17 Department, a fine of $50. If the check or other payment was
18 for a renewal or issuance fee and that person practices
19 without paying the renewal fee or issuance fee and the fine
20 due, an additional fine of $100 shall be imposed. The fines
21 imposed by this Section are in addition to any other
22 discipline provided under this Act for unlicensed practice or
23 practice on a nonrenewed license. The Department shall
24 notify the person that fees and fines shall be paid to the
25 Department by certified check or money order within 30
26 calendar days of the notification. If, after the expiration
27 of 30 days from the date of the notification, the person has
28 failed to submit the necessary remittance, the Department
29 shall automatically terminate the license or deny the
30 application without a hearing. If the person seeks a license
31 after termination or denial, he or she shall apply to the
32 Department for restoration or issuance of the license and
33 pay all fees and fines due to the Department. The Department
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1 may establish a fee for the processing of an application for
2 restoration of a license to defray the expenses of processing
3 the application. The Director may waive the fines due under
4 this Section in individual cases if the Director finds that
5 the fines would be unreasonable or unnecessarily burdensome.
6 Section 95. Roster. The Department shall maintain a
7 roster of the names and addresses of all licensees and of all
8 persons whose licenses have been disciplined. This roster
9 shall be available upon written request and payment of the
10 required fee.
11 Section 100. Unlicensed practice; civil penalty. A
12 person who practices, offers to practice, attempts to
13 practice, or holds himself or herself out to practice as a
14 licensed perfusionist without being licensed under this Act
15 shall, in addition to any other penalty provided by law, pay
16 a civil penalty to the Department in an amount not to exceed
17 $5,000 for each offense as determined by the Department. The
18 civil penalty shall be assessed by the Department after a
19 hearing is held in accordance with the provisions set forth
20 in this Act regarding the provision of a hearing for the
21 discipline of a licensee.
22 Section 105. Grounds for disciplinary action.
23 (a) The Department may refuse to issue, renew, or
24 restore a license, may revoke or suspend a license, or may
25 place on probation, censure, reprimand, or take other
26 disciplinary action with regard to a person licensed under
27 this Act, including but not limited to the imposition of
28 fines not to exceed $5,000 for each violation, for any one or
29 combination of the following causes:
30 (1) Making a material misstatement in furnishing
31 information to the Department.
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1 (2) Violating a provision of this Act or its rules.
2 (3) Conviction under the laws of a United States
3 jurisdiction of a crime that is a felony or a
4 misdemeanor, an essential element of which is dishonesty,
5 or of a crime that is directly related to the practice as
6 a perfusionist.
7 (4) Making a misrepresentation for the purpose of
8 obtaining, renewing, or restoring a license.
9 (5) Wilfully aiding or assisting another person in
10 violating a provision of this Act or its rules.
11 (6) Failing to provide information within 60 days
12 in response to a written request made by the Department.
13 (7) Engaging in dishonorable, unethical, or
14 unprofessional conduct of a character likely to deceive,
15 defraud, or harm the public, as defined by rule of the
16 Department.
17 (8) Discipline by another United States
18 jurisdiction or foreign nation, if at least one of the
19 grounds for discipline is the same or substantially
20 equivalent to those set forth in this Section.
21 (9) Directly or indirectly giving to or receiving
22 from a person, firm, corporation, partnership, or
23 association a fee, commission, rebate, or other form of
24 compensation for professional services not actually or
25 personally rendered.
26 (10) A finding by the Board that the licensee,
27 after having his or her license placed on probationary
28 status, has violated the terms of probation.
29 (11) Wilfully making or filing false records or
30 reports in his or her practice, including but not limited
31 to false records or reports filed with State agencies.
32 (12) Wilfully making or signing a false statement,
33 certificate, or affidavit to induce payment.
34 (13) Wilfully failing to report an instance of
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1 suspected child abuse or neglect as required under the
2 Abused and Neglected Child Reporting Act.
3 (14) Being named as a perpetrator in an indicated
4 report by the Department of Children and Family Services
5 under the Abused and Neglected Child Reporting Act and
6 upon proof by clear and convincing evidence that the
7 licensee has caused a child to be an abused child or
8 neglected child as defined in the Abused and Neglected
9 Child Reporting Act.
10 (15) Employment of fraud, deception, or any
11 unlawful means in applying for or securing a license as a
12 perfusionist.
13 (16) Allowing another person to use his or her
14 license to practice.
15 (17) Failure to report to the Department (A) any
16 adverse final action taken against the licensee by
17 another licensing jurisdiction, government agency, law
18 enforcement agency, or any court or (B) liability for
19 conduct that would constitute grounds for action as set
20 forth in this Section.
21 (18) Habitual intoxication or addiction to the use
22 of drugs.
23 (19) Physical illness, including but not limited to
24 deterioration through the aging process or loss of motor
25 skills, which results in the inability to practice the
26 profession for which he or she is licensed with
27 reasonable judgment, skill, or safety.
28 (20) Gross malpractice resulting in permanent
29 injury or death of a patient.
30 (21) Immoral conduct in the commission of an act
31 related to the licensee's practice, including but not
32 limited to sexual abuse, sexual misconduct, or sexual
33 exploitation.
34 (22) Violation of the Health Care Worker
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1 Self-Referral Act.
2 (b) The Department may refuse to issue or may suspend
3 the license of a person who fails to file a return, to pay
4 the tax, penalty, or interest shown in a filed return, or to
5 pay a final assessment of the tax, penalty, or interest as
6 required by a tax Act administered by the Department of
7 Revenue, until the requirements of the tax Act are satisfied.
8 (c) The determination by a circuit court that a licensee
9 is subject to involuntary admission or judicial admission as
10 provided in the Mental Health and Developmental Disabilities
11 Code operates as an automatic suspension. The suspension will
12 end only upon (1) a finding by a court that the patient is no
13 longer subject to involuntary admission or judicial
14 admission, (2) issuance of an order so finding and
15 discharging the patient, and (3) the recommendation of the
16 Disciplinary Board to the Director that the licensee be
17 allowed to resume his or her practice.
18 Section 110. Injunctions; criminal offenses; cease and
19 desist order.
20 (a) If any person violates the provisions of this Act,
21 the Director may, in the name of the People of the State of
22 Illinois, through the Attorney General of the State of
23 Illinois or the State's Attorney for any county in which the
24 action is brought, petition for an order enjoining the
25 violation or for an order enforcing compliance with this Act.
26 Upon the filing of a verified petition in court, the court
27 may issue a temporary restraining order, without notice or
28 condition, and may preliminarily and permanently enjoin the
29 violation. If it is established that the person has violated
30 or is violating the injunction, the Court may punish the
31 offender for contempt of court. Proceedings under this
32 Section shall be in addition to, and not in lieu of, all
33 other remedies and penalties provided by this Act.
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1 (b) Whenever in the opinion of the Department a person
2 violates a provision of this Act, the Department may issue a
3 rule to show cause why an order to cease and desist should
4 not be entered against that person. The rule shall clearly
5 set forth the grounds relied upon by the Department and shall
6 allow at least 7 days from the date of the rule to file an
7 answer to the satisfaction of the Department. Failure to
8 answer to the satisfaction of the Department shall cause an
9 order to cease and desist to be issued immediately.
10 (c) Other than as provided in Section 45 of this Act, if
11 any person practices as a perfusionist or holds himself or
12 herself out as a licensed perfusionist under this Act without
13 being issued a valid existing license by the Department,
14 then any licensed perfusionist, any interested party, or any
15 person injured thereby may, in addition to the Director,
16 petition for relief as provided in subsection (a) of this
17 Section.
18 Section 115. Cease and desist order.
19 (a) If a person violates a provision of this Act, the
20 Director, in the name of the People of the State of Illinois
21 through the Attorney General of the State of Illinois, or the
22 State's Attorney of a county in which the violation occurs,
23 may petition for an order enjoining the violation or for an
24 order enforcing compliance with this Act. Upon the filing of
25 a verified petition in court, the court may issue a temporary
26 restraining order without notice or bond and may
27 preliminarily and permanently enjoin the violation. If it is
28 established that the licensee has violated or is violating
29 the injunction, the court may punish the offender for
30 contempt of court. Proceedings under this Section shall be
31 in addition to, and not in lieu of, all other remedies and
32 penalties provided by this Act.
33 (b) If a person practices as a perfusionist or holds
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1 himself or herself out as a perfusionist without being
2 licensed under this Act, then any licensee under this Act,
3 interested party, or person injured thereby, in addition to
4 the Director or State's Attorney, may petition for relief as
5 provided in subsection (a) of this Section.
6 (c) If the Department determines that a person violated
7 a provision of this Act, the Department may issue a rule to
8 show cause why an order to cease and desist should not be
9 entered against him or her. The rule shall clearly set forth
10 the grounds relied upon by the Department and shall provide a
11 period of 7 days from the date of the rule to file an answer
12 to the satisfaction of the Department. Failure to answer to
13 the satisfaction of the Department shall cause an order to
14 cease and desist to be issued immediately.
15 Section 120. Investigation; notice; hearing. Licenses
16 may be refused, revoked, suspended, or otherwise disciplined
17 in the manner provided by this Act and not otherwise. The
18 Department may upon its own motion and shall upon the
19 verified complaint in writing of any person setting forth
20 facts that if proven would constitute grounds for refusal to
21 issue or for suspension or revocation under this Act,
22 investigate the actions of a person applying for, holding, or
23 claiming to hold a license. The Department shall, before
24 refusing to issue or renew, suspending, or revoking a license
25 or taking other discipline pursuant to Section 105 of this
26 Act, and at least 30 days prior to the date set for the
27 hearing, notify in writing the applicant or licensee of any
28 charges made, shall afford the applicant or licensee an
29 opportunity to be heard in person or by counsel in reference
30 to the charges, and direct the applicant or licensee to file
31 a written answer to the Department under oath within 20 days
32 after the service of the notice and inform the applicant or
33 licensee that failure to file an answer will result in
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1 default being taken against the applicant or licensee and
2 that the license may be suspended, revoked, placed on
3 probationary status, or other disciplinary action may be
4 taken, including limiting the scope, nature, or extent of
5 practice, as the Director may deem proper. Written notice
6 may be served by personal delivery to the applicant or
7 licensee or by mailing the notice by certified mail to his or
8 her last known place of residence or to the place of business
9 last specified by the applicant or licensee in his or her
10 last notification to the Department. If the person fails to
11 file an answer after receiving notice, his or her license
12 may, in the discretion of the Department, be suspended,
13 revoked, or placed on probationary status or the Department
14 may take whatever disciplinary action deemed proper,
15 including limiting the scope, nature, or extent of the
16 person's practice or the imposition of a fine, without a
17 hearing, if the act or acts charged constitute sufficient
18 grounds for such action under this Act. At the time and
19 place fixed in the notice, the Department shall proceed to a
20 hearing of the charges and both the applicant or licensee and
21 the complainant shall be afforded ample opportunity to
22 present, in person or by counsel, any statements, testimony,
23 evidence, and arguments that may be pertinent to the charges
24 or to their defense. The Department may continue a hearing
25 from time to time. If the Board is not sitting at the time
26 and place fixed in the notice or at the time and place to
27 which the hearing shall have been continued, the Department
28 may continue the hearing for a period not to exceed 30 days.
29 Section 125. Record of proceedings. The Department, at
30 its expense, shall preserve a record of all proceedings at a
31 formal hearing conducted pursuant to Section 120 of this Act.
32 The notice of hearing, complaint, and all other documents in
33 the nature of pleadings and written motions filed in the
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1 proceedings, the transcript of testimony, the report of the
2 Board or hearing officer, and orders of the Department shall
3 be the record of the proceeding. The Department shall supply
4 a transcript of the record to a person interested in the
5 hearing on payment of the fee required under Section 60f of
6 the Civil Administrative Code of Illinois.
7 Section 130. Order for production of documents. A
8 circuit court may, upon application of the Department or its
9 designee, or of the applicant or licensee against whom
10 proceedings pursuant to Section 120 of this Act are pending,
11 enter an order requiring the attendance of witnesses and
12 their testimony and the production of documents, papers,
13 files, books, and records in connection with a hearing or
14 investigation authorized by this Act. The court may compel
15 obedience to its order through contempt proceedings.
16 Section 140. Subpoena; oaths. The Department has the
17 power to subpoena and bring before it any person in this
18 State and to take testimony orally or by deposition, with the
19 same fees and mileage and in the same manner as prescribed by
20 law in judicial proceedings in civil cases in circuit courts
21 of this State. The Director and any Disciplinary Board member
22 designated by the Director shall each have the authority to
23 administer, at any hearing that the Department is authorized
24 to conduct under this Act, oaths to witnesses and any other
25 oaths authorized to be administered by the Department under
26 this Act.
27 Section 145. Findings of fact. At the conclusion of the
28 hearing, the Board shall present to the Director a written
29 report of its findings of fact, conclusions of law, and
30 recommendations. In the report, the Board shall make a
31 finding of whether or not the charged licensee or applicant
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1 violated a provision of this Act or its rules and shall
2 specify the nature of the violation. In making its
3 recommendations for discipline, the Board may take into
4 consideration all facts and circumstances bearing upon the
5 reasonableness of the conduct of the respondent and the
6 potential for future harm to the public, including but not
7 limited to previous discipline of that respondent by the
8 Department, intent, degree of harm to the public and
9 likelihood of harm in the future, any restitution made, and
10 whether the incident or incidents complained of appear to be
11 isolated or a pattern of conduct. In making its
12 recommendations for discipline, the Board shall seek to
13 ensure that the severity of the discipline recommended bears
14 some reasonable relationship to the severity of the
15 violation.
16 Section 150. Service of report; rehearing. In a case
17 involving the refusal to issue or renew a license or the
18 discipline of a licensee, a copy of the Board's report shall
19 be served upon the respondent by the Department, either
20 personally or as provided under Section 120 of this Act for
21 the service of the notice of hearing. Within 20 days after
22 the service, the respondent may present to the Department a
23 motion in writing for a rehearing, which shall specify the
24 particular grounds for a rehearing. If no motion for
25 rehearing is filed, then upon the expiration of the time
26 specified for filing the motion, or if a motion for rehearing
27 is denied, then upon the denial the Director may enter an
28 order in accordance with recommendations of the Board, except
29 as provided in Section 160 or 165 of this Act. If the
30 respondent orders a transcript of the record from the
31 reporting service and pays for the transcript within the time
32 for filing a motion for rehearing, the 20-day period within
33 which such a motion may be filed shall commence upon the
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1 delivery of the transcript to the respondent.
2 Section 160. Order of Director.
3 (a) The Director shall issue an order concerning the
4 disposition of the charges (i) following the expiration of
5 the filing period granted under Section 155 of this Act if no
6 motion for rehearing is filed or (ii) following a denial of a
7 timely motion for rehearing.
8 (b) The Director's order shall be based on the
9 recommendations contained in the Board's report unless, after
10 giving due consideration to the Board's report, the Director
11 disagrees in any regard with the report of the Board, in
12 which case he or she may issue an order in contravention of
13 the report. The Director shall provide a written report to
14 the Board on any deviation from the Board's report and shall
15 specify with particularity the reasons for his or her
16 deviation in the final order. The Board's report and
17 Director's order are not admissible in evidence against the
18 person in a criminal prosecution brought for a violation of
19 this Act, but the hearing, report, and order are not a bar to
20 a criminal prosecution brought for the violation of this Act.
21 Section 170. Hearing officer. Notwithstanding the
22 provisions of Section 120 of this Act, the Director shall
23 have the authority to appoint an attorney licensed to
24 practice law in this State to serve as the hearing officer in
25 a hearing authorized under Section 120 of this Act. The
26 Director shall notify the Board of an appointment. The
27 hearing officer shall have full authority to conduct the
28 hearing. The Board has the right to have at least one member
29 present at a hearing conducted by a hearing officer appointed
30 under this Section. The hearing officer shall report his or
31 her findings of fact, conclusions of law, and recommendations
32 to the Board and the Director. The Board shall have 60 days
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1 from receipt of the report to review the report of the
2 hearing officer and to present its findings of fact,
3 conclusions of law, and recommendations to the Director. If
4 the Board fails to present its report within the 60-day
5 period, the Director shall issue an order based on the report
6 of the hearing officer. If the Director disagrees in any
7 regard with the report of the Board or hearing officer, he or
8 she may issue an order in contravention of the report. The
9 Director shall provide a written explanation to the Board on
10 a deviation from the Board's report and shall specify with
11 particularity the reasons for his or her deviation in the
12 final order.
13 Section 175. Rehearing on order of Director. Whenever the
14 Director is not satisfied that substantial justice has been
15 achieved in the discipline of a licensee, the Director may
16 order a rehearing by the same or another hearing officer or
17 by the Board.
18 Section 180. Order; prima facie proof. 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 that:
22 (1) the signature is the genuine signature of the
23 Director;
24 (2) the Director is duly appointed and qualified;
25 and
26 (3) the Board and its members are qualified to act.
27 Section 185. Restoration of license. At any time after
28 the suspension or revocation of a license, the Department may
29 restore it to the licensee unless, after an investigation and
30 a hearing, the Department determines that restoration is not
31 in the public interest. Where circumstances of suspension or
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1 revocation so indicate, or on the recommendation of the
2 Board, the Department may require an examination of the
3 licensee before restoring his or her license.
4 Section 190. Surrender of license. Upon the revocation or
5 suspension of a license, the licensee shall immediately
6 surrender the license to the Department. If the licensee
7 fails to do so, the Department shall have the right to seize
8 the license.
9 Section 200. Temporary suspension. The Director may
10 temporarily suspend the license of a perfusionist without a
11 hearing, simultaneously with the institution of proceedings
12 for a hearing provided for in Section 120 of this Act, if the
13 Director finds that evidence in his or her possession
14 indicates that continuation in practice would constitute an
15 imminent danger to the public. If the Director temporarily
16 suspends a license without a hearing, a hearing by the
17 Department shall be held within 30 days after the suspension
18 has occurred and shall be concluded without appreciable
19 delay.
20 Section 205. Certificate of record. The Department shall
21 not be required to certify any record to a court or file an
22 answer in court or otherwise appear in a court in a judicial
23 review proceeding unless there is filed in the court, with
24 the complaint, a receipt from the Department acknowledging
25 payment of the costs of furnishing and certifying the record.
26 Failure on the part of the plaintiff to file a receipt in
27 court shall be grounds for dismissal of the action.
28 Section 210. Administrative Review Law. All final
29 administrative decisions of the Department are subject to
30 judicial review under the Administrative Review Law and its
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1 rules. The term "administrative decision" is defined as in
2 Section 3-101 of the Code of Civil Procedure. Proceedings for
3 judicial review shall be commenced in the circuit court of
4 the county in which the party seeking review resides. If the
5 party seeking review is not a resident of this State, venue
6 shall be in Sangamon County.
7 Section 215. Criminal penalties. A person who is found
8 to have knowingly violated Section 10-5 or subsection (a)
9 of Section 220 of this Act is guilty of a Class A misdemeanor
10 for a first offense and is guilty of a Class 4 felony for a
11 second or subsequent offense.
12 Section 220. Unlicensed practice; civil penalties.
13 (a) No person shall practice, offer to practice, attempt
14 to practice, or hold himself or herself out to practice as a
15 perfusionist without a license issued by the Department to
16 that person under this Act.
17 (b) In addition to any other penalty provided by law, a
18 person who violates subsection (a) of this Section shall pay
19 a civil penalty to the Department in an amount not to exceed
20 $5,000 for each offense as determined by the Department.
21 The civil penalty shall be assessed by the Department
22 after a hearing is held in accordance with the provisions
23 set forth in this Act regarding a hearing for the
24 discipline of a licensee.
25 (c) The Department has the authority and power to
26 investigate any and all unlicensed activity.
27 (d) The civil penalty assessed under this Act shall be
28 paid within 60 days after the effective date of the order
29 imposing the civil penalty. The order shall constitute a
30 judgment and may be filed and execution had on the judgment
31 in the same manner as a judgment from a court of record.
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1 Section 225. Deposit of moneys. All moneys collected by
2 the Department under this Act shall be deposited into the
3 General Professions Dedicated Fund in the State Treasury and
4 shall be used for administration of this Act.
5 Section 230. Home rule powers. The regulation and
6 licensing of perfusionists are exclusive powers and functions
7 of the State. A home rule unit shall not regulate or
8 license perfusionists. This Section is a limitation under
9 subsection (h) of Section 6 of Article VII of the Illinois
10 Constitution.
11 Section 950. The Regulatory Sunset Act is amended by
12 adding Section 4.20 as follows:
13 (5 ILCS 80/4.20 new)
14 Sec. 4.20. Act repealed on January 1, 2010. The
15 following Act is repealed on January 1, 2010:
16 The Perfusionist Practice Act.
17 Section 999. Effective date. This Act takes effect
18 January 1, 2000.
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