Illinois General Assembly - Bill Status for HB 2440

Deletes everything after the enacting clause. Amends the Regulatory Sunset Act. Extends the repeal date for the Orthotics, Prosthetics, and Pedorthics Practice Act and the Perfusionist Practice Act from January 1, 2010 to January 1, 2020. Amends the Orthotics, Prosthetics, and Pedorthics Practice Act. Replaces all references to "Director" with "Secretary". Provides that the Act shall not be construed to prohibit an advanced practice nurse licensed in the State from engaging in his or her profession. Provides that the Department of Financial and Professional Regulation shall adopt rules to administer and enforce the Act. In a provision concerning the Board of Orthotics, Prosthetics, and Pedorthics, provides that 4 Board members shall constitute a quorum and that a quorum is required for all Board decisions. Provides certain additional requirements to qualify for a license to practice pedorthics. In a provision concerning the limitation on provision of care and services, provides that a licensed orthotist, prosthetist, or pedorthist may provide care or services only if the care or services are provided pursuant to an order from a licensed physician, podiatrist, or an advanced practice nurse or physician assistant who meets certain requirements. Provides for the placement of a license on an inactive status. Provides new provisions concerning returned checks and fines. Provides that the Department or Board may order a licensee or applicant to submit to a mental or physical examination, or both, for certain violations of the Act. Provides that the Department shall deny a license or renewal to a person that has defaulted on an education loan or scholarship provided or guaranteed by the State. Provides that the Department may suspend or revoke a license, or deny a license or renewal, or take any other disciplinary action against a person who is more than 30 days delinquent in the payment of child support if the Department of Healthcare and Family Services has certified the delinquency to the Department. Provides that the Department may take disciplinary action against any person that commits certain tax violations. Provides that before taking any other disciplinary action with respect to a license, the Department shall, at least 30 days prior to the date set for the hearing, notify in writing the applicant or licensee of the nature of the charges and that a hearing will be held on the date designated. Provides that a provision concerning injunctions and cease and desist orders shall also apply to any company or corporation (in addition to any person). Provides that an injunction may be sought through the States Attorney of the county in which the violation is alleged to have occurred and that an injured person may, in addition to the Secretary, petition for relief. Provides the Department with certain investigative and subpoena powers. In a provision concerning unlicensed practice, provides for a civil penalty in an amount not to exceed $10,000 for each offense as determined by the Department. Makes changes to the definition of "assistant", "orthotist", "pedorthic device", "pedorthic education program", "pedorthist", "prosthetist", and "prosthetist/orthotist". Defines "accredited facility", "address of record", "custom fabricated device", "custom fitted device", "off-the-shelf device", "residency", and "Secretary". Makes other changes. Amends the Perfusionist Practice Act. Replaces all references to "Director" with "Secretary". Provides that 3 Board members (instead of a majority) constitutes a quorum and that a quorum is required for all Board decisions. Exempts a new graduate who performs perfusion services for a period of 14 months after he or she graduates from an accredited perfusion education program so long as the graduate is under the direct supervision of a licensed perfusionist or a physician licensed to practice medicine in all its branches. Provides that the Department may adopt rules to require that licensees receive 30 hours of continuing education per 2 year license renewal cycle. Changes provisions concerning the refusal, suspension, and revocation of licenses by the Secretary. Provides that the Department shall automatically terminate a license or deny an application if a fee or fine remains unpaid by the licensee or applicant 30 days after giving notice to the licensee or applicant of a returned check. Provides that the Department or Board may order a licensee or applicant to submit to a mental or physical examination, or both, for certain violations of the Act. Provides that the Secretary may, through the Attorney General or the State's Attorney of the county in which a violation is alleged to have occurred, petition for an order enjoining a violation or for an order enforcing compliance with this Act. Provides that any circuit court, upon application of the Department or designated hearing officer, may enter an order requiring the attendance of witnesses and their testimony, and certain other documents in connection with any hearing or investigation under the Act. Provides that whenever the Secretary believes that substantial justice has not been done in the revocation or suspension of a license, or refusal to issue or renew a license, or other discipline of an applicant or licensee, the Secretary may order a rehearing by the same or another examiner. Provides that any person who violates any provision of the Act shall be guilty of a Class A misdemeanor for a first offense and a Class 4 felony for each subsequent offense. Defines "address of record". Makes other changes. Effective immediately.

Date	Chamber	Action
8/25/2009	House	Public Act . . . . . . . . . 96-0682

Date	Chamber	Action
2/19/2009	House	Filed with the Clerk by Rep. Dan Reitz
2/19/2009	House	Chief Co-Sponsor Rep. Angelo Saviano
2/19/2009	House	First Reading
2/19/2009	House	Referred to Rules Committee
2/23/2009	House	Assigned to Health Care Licenses Committee
3/11/2009	House	Do Pass / Short Debate Health Care Licenses Committee; 009-000-000
3/11/2009	House	Placed on Calendar 2nd Reading - Short Debate
3/23/2009	House	Second Reading - Short Debate
3/23/2009	House	Held on Calendar Order of Second Reading - Short Debate
3/31/2009	House	Placed on Calendar Order of 3rd Reading - Short Debate
4/1/2009	House	Third Reading - Short Debate - Passed 116-000-000
4/2/2009	Senate	Arrive in Senate
4/2/2009	Senate	Placed on Calendar Order of First Reading
4/6/2009	Senate	Chief Senate Sponsor Sen. Iris Y. Martinez
4/15/2009	Senate	First Reading
4/15/2009	Senate	Referred to Assignments
4/22/2009	Senate	Assigned to Licensed Activities
4/30/2009	Senate	Held in Licensed Activities
5/7/2009	Senate	Do Pass Licensed Activities; 007-000-000
5/7/2009	Senate	Placed on Calendar Order of 2nd Reading May 12, 2009
5/7/2009	Senate	Added as Alternate Co-Sponsor Sen. Pamela J. Althoff
5/11/2009	Senate	Senate Floor Amendment No. 1 Filed with Secretary by Sen. Iris Y. Martinez
5/11/2009	Senate	Senate Floor Amendment No. 1 Referred to Assignments
5/12/2009	Senate	Second Reading
5/12/2009	Senate	Placed on Calendar Order of 3rd Reading May 13, 2009
5/13/2009	Senate	Senate Floor Amendment No. 1 Assignments Refers to Licensed Activities
5/13/2009	Senate	Senate Floor Amendment No. 1 Held in Licensed Activities
5/17/2009	Senate	Senate Floor Amendment No. 2 Filed with Secretary by Sen. Iris Y. Martinez
5/17/2009	Senate	Senate Floor Amendment No. 2 Referred to Assignments
5/18/2009	Senate	Senate Floor Amendment No. 2 Assignments Refers to Licensed Activities
5/18/2009	Senate	Senate Floor Amendment No. 2 Recommend Do Adopt Licensed Activities; 007-000-000
5/21/2009	Senate	Recalled to Second Reading
5/21/2009	Senate	Senate Floor Amendment No. 2 Adopted; Martinez
5/21/2009	Senate	Placed on Calendar Order of 3rd Reading
5/21/2009	Senate	Third Reading - Passed; 059-000-000
5/21/2009	Senate	Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
5/21/2009	House	Arrived in House
5/21/2009	House	Placed on Calendar Order of Concurrence Senate Amendment(s) 2
5/21/2009	House	Senate Floor Amendment No. 2 Motion Filed Concur Rep. Dan Reitz
5/21/2009	House	Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
5/26/2009	House	Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Rules Committee
5/26/2009	House	Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Health Care Licenses Committee
5/26/2009	House	Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Health Care Licenses Committee; 008-000-000
5/28/2009	House	Senate Floor Amendment No. 2 House Concurs 118-000-000
5/28/2009	House	Passed Both Houses
6/26/2009	House	Sent to the Governor
8/25/2009	House	Governor Approved
8/25/2009	House	Effective Date August 25, 2009
8/25/2009	House	Public Act . . . . . . . . . 96-0682

	Adds reference to:
	5 ILCS 80/4.20