99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3802

 

Introduced , by Rep. Adam Brown

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Removes a provision repealing the Illinois Athletic Trainers Practice Act on January 1, 2016. Amends the Illinois Athletic Trainers Practice Act. Provides that the maximum fine for violating the Act is $10,000 (currently, $5,000). Provides that the Department may summarily suspend the licenses of athletic trainers upon specified evidence; provides for expedited hearings for licenses summarily suspended. Provides that the Illinois Board of Athletic Trainers may (currently, shall) be consulted by the Secretary in disciplining licensees. Makes omnibus changes and corrections to the Act reflecting the practices of the Department of Financial and Professional Regulation in administering the Act. Changes references from "Director" to "Secretary". Defines terms. Provides that the Act is repealed on January 1, 2026. Effective immediately.


LRB099 05883 JWD 31507 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Regulatory Sunset Act is amended by changing
5Section 4.26 as follows:
 
6    (5 ILCS 80/4.26)
7    Sec. 4.26. Acts repealed on January 1, 2016. The following
8Acts are repealed on January 1, 2016:
9    The Illinois Athletic Trainers Practice Act.
10    The Illinois Roofing Industry Licensing Act.
11    The Illinois Dental Practice Act.
12    The Collection Agency Act.
13    The Barber, Cosmetology, Esthetics, Hair Braiding, and
14Nail Technology Act of 1985.
15    The Respiratory Care Practice Act.
16    The Hearing Instrument Consumer Protection Act.
17    The Illinois Physical Therapy Act.
18    The Professional Geologist Licensing Act.
19(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
2096-1246, eff. 1-1-11.)
 
21    Section 5. The Illinois Athletic Trainers Practice Act is
22amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,

 

 

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113, 14, 16, 17, 17.5, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27,
228, 29, 30, and 31 and by adding Sections 7.5, 18.5, 19.5, and
336 as follows:
 
4    (225 ILCS 5/3)  (from Ch. 111, par. 7603)
5    (Section scheduled to be repealed on January 1, 2016)
6    Sec. 3. Definitions. As used in this Act:
7    (1) "Department" means the Department of Professional
8Regulation.
9    (2) "Secretary" "Director" means the Secretary Director of
10Financial and Professional Regulation.
11    (3) "Board" means the Illinois Board of Athletic Trainers
12appointed by the Secretary Director.
13    (4) "Licensed athletic trainer" means a person licensed to
14practice athletic training as defined in this Act and with the
15specific qualifications set forth in Section 9 of this Act who,
16upon the direction of his or her team physician or consulting
17physician, carries out the practice of prevention/emergency
18care or physical reconditioning of injuries incurred by
19athletes participating in an athletic program conducted by an
20educational institution, professional athletic organization,
21or sanctioned amateur athletic organization employing the
22athletic trainer; or a person who, under the direction of a
23physician, carries out comparable functions for a health
24organization-based extramural program of athletic training
25services for athletes. Specific duties of the athletic trainer

 

 

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1include but are not limited to:
2        A. Supervision of the selection, fitting, and
3    maintenance of protective equipment;
4        B. Provision of assistance to the coaching staff in the
5    development and implementation of conditioning programs;
6        C. Counseling of athletes on nutrition and hygiene;
7        D. Supervision of athletic training facility and
8    inspection of playing facilities;
9        E. Selection and maintenance of athletic training
10    equipment and supplies;
11        F. Instruction and supervision of student trainer
12    staff;
13        G. Coordination with a team physician to provide:
14            (i) pre-competition physical exam and health
15        history updates,
16            (ii) game coverage or phone access to a physician
17        or paramedic,
18            (iii) follow-up injury care,
19            (iv) reconditioning programs, and
20            (v) assistance on all matters pertaining to the
21        health and well-being of athletes.
22        H. Provision of on-site injury care and evaluation as
23    well as appropriate transportation, follow-up treatment
24    and rehabilitation as necessary for all injuries sustained
25    by athletes in the program;
26        I. With a physician, determination of when an athlete

 

 

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1    may safely return to full participation post-injury; and
2        J. Maintenance of complete and accurate records of all
3    athletic injuries and treatments rendered.
4    To carry out these functions the athletic trainer is
5authorized to utilize modalities, including, but not limited
6to, heat, light, sound, cold, electricity, exercise, or
7mechanical devices related to care and reconditioning.
8    (5) "Referral" means the guidance and direction given by
9the physician, who shall maintain supervision of the athlete.
10    (6) "Athletic trainer aide" means a person who has received
11on-the-job training specific to the facility in which he or she
12is employed, on either a paid or volunteer basis, but is not
13enrolled in an accredited athletic training curriculum.
14    (7) "Address of record" means the designated address
15recorded by the Department in the applicant's or licensee's
16application file or license file as maintained by the
17Department's licensure maintenance unit. It is the duty of the
18applicant or licensee to inform the Department of any change of
19address, and those changes must be made either through the
20Department's website or by contacting the Department.
21(Source: P.A. 94-246, eff. 1-1-06.)
 
22    (225 ILCS 5/4)  (from Ch. 111, par. 7604)
23    (Section scheduled to be repealed on January 1, 2016)
24    Sec. 4. Licensure requirement - Exempt activities. No
25After the effective date of this Act, no person shall provide

 

 

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1any of the services set forth in subsection (4) of Section 3 of
2this Act, or use the title "athletic trainer" or "certified
3athletic trainer" or "athletic trainer certified" or "licensed
4athletic trainer" or the letters "A.T.", "C.A.T.", "A.T.C.",
5"A.C.T.", or "I.A.T.L." after his or her name, unless licensed
6under this Act.
7    Nothing in this Act shall be construed as preventing or
8restricting the practice, services, or activities of:
9        (1) Any person licensed or registered in this State by
10    any other law from engaging in the profession or occupation
11    for which he or she is licensed or registered.
12        (2) Any person employed as an athletic trainer by the
13    Government of the United States, if such person provides
14    athletic training solely under the direction or control of
15    the organization by which he or she is employed.
16        (3) Any person pursuing a course of study leading to a
17    degree or certificate in athletic training at an accredited
18    educational program if such activities and services
19    constitute a part of a supervised course of study involving
20    daily personal or verbal contact at the site of supervision
21    between the athletic training student and the licensed
22    athletic trainer who plans, directs, advises, and
23    evaluates the student's athletic training clinical
24    education. The supervising licensed athletic trainer must
25    be on-site where the athletic training clinical education
26    is being obtained. A person meeting the criteria under this

 

 

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1    paragraph (3) must be designated by a title which clearly
2    indicates his or her status as a student or trainee.
3        (4) (Blank).
4        (5) The practice of athletic training under the
5    supervision of a licensed athletic trainer by one who has
6    applied in writing to the Department for licensure and has
7    complied with all the provisions of Section 9 except the
8    passing of the examination to be eligible to receive such
9    license. This temporary right to act as an athletic trainer
10    shall expire 3 months after the filing of his or her
11    written application to the Department; when the applicant
12    has been notified of his or her failure to pass the
13    examination authorized by the Department; when the
14    applicant has withdrawn his or her application; when the
15    applicant has received a license from the Department after
16    successfully passing the examination authorized by the
17    Department; or when the applicant has been notified by the
18    Department to cease and desist from practicing, whichever
19    occurs first. This provision shall not apply to an
20    applicant In no event shall this exemption extend to any
21    person for longer than 3 months. Anyone who has previously
22    failed the examination, or who fails the examination during
23    this 3-month period, shall immediately cease practice as an
24    athletic trainer and shall not engage in the practice of
25    athletic training again until he or she passes the
26    examination.

 

 

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1        (6) Any person in a coaching position from rendering
2    emergency care on an as needed basis to the athletes under
3    his or her supervision when a licensed athletic trainer is
4    not available.
5        (7) Any person who is an athletic trainer from another
6    state or territory of the United states or another nation,
7    state, or territory acting as an athletic trainer while
8    performing his or her duties for his or her respective
9    non-Illinois based team or organization, so long as he or
10    she restricts his or her duties to his or her team or
11    organization during the course of his or her team's or
12    organization's stay in this State. For the purposes of this
13    Act, a team shall be considered based in Illinois if its
14    home contests are held in Illinois, regardless of the
15    location of the team's administrative offices.
16        (8) The practice of athletic training by persons
17    licensed in another state who have applied in writing to
18    the Department for licensure by endorsement. This
19    temporary right to act as an athletic trainer shall expire
20    6 months after the filing of his or her written application
21    to the Department; upon the withdrawal of the application
22    for licensure under this Act; upon delivery of a notice of
23    intent to deny the application from the Department; or upon
24    the denial of the application by the Department, whichever
25    occurs first. for no longer than 6 months or until
26    notification has been given that licensure has been granted

 

 

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1    or denied, whichever period of time is lesser.
2        (9) The practice of athletic training by one who has
3    applied in writing to the Department for licensure and has
4    complied with all the provisions of Section 9. This
5    temporary right to act as an athletic trainer shall expire
6    6 months after the filing of his or her written application
7    to the Department; upon the withdrawal of the application
8    for licensure under this Act; upon delivery of a notice of
9    intent to deny the application from the Department; or upon
10    the denial of the application by the Department, whichever
11    occurs first. for no longer than 6 months or until
12    notification has been given that licensure has been granted
13    or denied, whichever period of time is lesser.
14        (10) The practice of athletic training by persons
15    actively licensed as an athletic trainer in another state
16    or territory of the United states or another country, or
17    currently certified by the National Athletic Trainers
18    Association Board of Certification, Inc., or its successor
19    entity, at a special athletic tournament or event conducted
20    by a sanctioned amateur athletic organization, including,
21    but not limited to, the Prairie State Games and the Special
22    Olympics, for no more than 14 days. This shall not include
23    contests or events that are part of a scheduled series of
24    regular season events.
25        (11) Athletic trainer aides from performing patient
26    care activities under the on-site supervision of a licensed

 

 

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1    athletic trainer. These patient care activities shall not
2    include interpretation of referrals or evaluation
3    procedures, planning or major modifications of patient
4    programs, administration of medication, or solo practice
5    or event coverage without immediate access to a licensed
6    athletic trainer.
7        (12) Persons or entities practicing the specified
8    occupations set forth in subsection (a) of, and pursuant to
9    a licensing exemption granted in subsection (b) or (d) of,
10    Section 2105-350 of the Department of Professional
11    Regulation Law of the Civil Administrative Code of
12    Illinois, but only for so long as the 2016 Olympic and
13    Paralympic Games Professional Licensure Exemption Law is
14    operable.
15(Source: P.A. 96-7, eff. 4-3-09.)
 
16    (225 ILCS 5/5)  (from Ch. 111, par. 7605)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 5. Administration of Act; Licensure - Rules and Forms -
19 Reports.
20    (a) The Department shall exercise the powers and duties
21prescribed by the Civil Administrative Code of Illinois for the
22administration of Licensure Acts and shall exercise such other
23powers and duties necessary for effectuating the purposes of
24this Act.
25    (b) The Secretary Director may promulgate rules consistent

 

 

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1with the provisions of this Act for the administration and
2enforcement thereof, and for the payment of fees connected
3therewith, and may prescribe forms which shall be issued in
4connection therewith. The rules may shall include standards and
5criteria for licensure, certification, and for professional
6conduct and discipline. The Department may shall consult with
7the Board in promulgating rules. Notice of proposed rulemaking
8shall be transmitted to the Board, and the Department shall
9review the Board's response and any recommendations made
10therein. The Department shall notify the Board in writing with
11proper explanation of deviations from the Board's
12recommendations and responses.
13    (c) The Department may at any time seek the advice and the
14expert knowledge of the Board on any matter relating to the
15administration of this Act.
16    (d) (Blank). The Department shall issue a quarterly report
17to the Board of the status of all complaints related to the
18profession filed with the Department.
19(Source: P.A. 89-216, eff. 1-1-96.)
 
20    (225 ILCS 5/6)  (from Ch. 111, par. 7606)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 6. Athletic Training Board - Appointment - Membership -
23 Term - Duties. The Secretary Director shall appoint an
24Illinois Board of Athletic Trainers as follows: 7 persons who
25shall be appointed by and shall serve in an advisory capacity

 

 

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1to the Secretary Director. Two members must be licensed
2physicians in good standing in this State; 4 members must be
3licensed athletic trainers in good standing, and actively
4engaged in the practice or teaching of athletic training in
5this State; and 1 member must be a public member who is not
6licensed under this Act, or a similar Act of another
7jurisdiction, and is not a provider of athletic health care
8service.
9    Members shall serve 4 year terms and until their successors
10are appointed and qualified. No member shall be reappointed to
11the Board for more than 2 consecutive terms. Appointments to
12fill vacancies shall be made in the same manner as original
13appointments, for the unexpired portion of the vacated term.
14    The membership of the Board should reasonably reflect
15representation from the geographic areas in this State.
16    The Secretary shall have the authority to remove or suspend
17any member of the Board for cause at any time before the
18expiration of his or her term. The Secretary shall be the sole
19arbiter of cause Director may terminate the appointment of any
20member for cause which in the opinion of the Secretary Director
21reasonably justifies such termination.
22    The Secretary may Director shall consider the
23recommendation of the Board on questions involving standards of
24professional conduct, discipline, and qualifications of
25candidates and license holders under this Act.
26    Four members of the Board shall constitute a quorum. A

 

 

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1quorum is required for all Board decisions. Members of the
2Board have no liability in any action based upon any
3disciplinary proceeding or other activity performed in good
4faith as a member of the Board. Members of the Board shall be
5reimbursed for all legitimate, necessary, and authorized
6expenses incurred in attending the meetings of the Board, from
7funds appropriated for that purpose.
8(Source: P.A. 94-246, eff. 1-1-06.)
 
9    (225 ILCS 5/7)  (from Ch. 111, par. 7607)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 7. Applications for original licensure. Applications
12for original licensure shall be made to the Department in
13writing on forms prescribed by the Department and shall be
14accompanied by the required fee, which shall not be returnable.
15Any such application shall require such information as in the
16judgment of the Department will enable the Department to pass
17on the qualifications of the applicant for licensure.
18Applicants have 3 years from the date of application to
19complete the application process. If the process has not been
20completed within 3 years, the application shall be denied, the
21fee forfeited, and the applicant must reapply and meet the
22requirements in effect at the time of reapplication.
23    The applicant is entitled to licensure as an athletic
24trainer if he or she possesses the qualifications set forth in
25Section 9 hereof, and satisfactorily completes the examination

 

 

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1administered by the National Athletic Trainers Association
2Board of Certification, Inc.
3(Source: P.A. 89-216, eff. 1-1-96.)
 
4    (225 ILCS 5/7.5 new)
5    Sec. 7.5. Social Security Number on license application. In
6addition to any other information required to be contained in
7the application, every application for an original license
8under this Act shall include the applicant's Social Security
9Number, which shall be retained in the Department's records
10pertaining to the license. As soon as practical, the Department
11shall assign a customer's identification number to each
12applicant for a license. Every application for a renewal or
13restored license shall require the applicant's customer
14identification number.
 
15    (225 ILCS 5/8)  (from Ch. 111, par. 7608)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 8. Examinations.
18    If an applicant neglects, fails, or refuses to take an
19examination or fails to pass an examination for licensure under
20this Act within 3 years after filing his or her application,
21the application shall be denied. The applicant may thereafter
22make a new application accompanied by the required fee;
23however, the applicant shall meet all requirements in effect at
24the time of subsequent application before obtaining licensure.

 

 

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1However, such applicant may thereafter file a new application
2accompanied by the required fee.
3    The Department may employ engage the National Athletic
4Trainers Association Board of Certification, Inc. as
5consultants for the purposes of preparing and conducting
6examinations.
7(Source: P.A. 89-216, eff. 1-1-96.)
 
8    (225 ILCS 5/9)  (from Ch. 111, par. 7609)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 9. Qualifications for licensure Educational and
11Professional Requirements. A person having the qualifications
12prescribed in this Section shall be qualified for licensure to
13receive a license as an athletic trainer if he or she fulfills
14all of the following:
15        (a) Has graduated from a curriculum in athletic
16    training accredited by the Commission on Accreditation of
17    Athletic Training Education (CAATE) Joint Review Committee
18    on Athletic Training (JRC-AT) of the Commission on
19    Accreditation of Allied Health Education Programs
20    (CAAHEP), its successor entity, or its equivalent, as
21    approved by the Department.
22        (b) Gives proof of current certification, on the date
23    of application, in cardiopulmonary resuscitation (CPR) and
24    automated external defibrillators (AED) CPR/AED for the
25    Healthcare Providers and Professional Rescuers or its

 

 

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1    equivalent based on American Red Cross or American Heart
2    Association standards.
3        (b-5) Has graduated and graduation from a 4 year
4    accredited college or university.
5        (c) Has passed an examination approved by the
6    Department to determine his or her fitness for practice as
7    an athletic trainer, or is entitled to be licensed without
8    examination as provided in Sections 7 and 8 of this Act.
9    The Department may request a personal interview of an
10applicant before the Board to further evaluate his or her
11qualifications for a license.
12    An applicant has 3 years from the date of his or her
13application to complete the application process. If the process
14has not been completed in 3 years, the application shall be
15denied, the fee forfeited, and the applicant must reapply and
16meet the requirements in effect at the time of reapplication.
17(Source: P.A. 94-246, eff. 1-1-06.)
 
18    (225 ILCS 5/10)  (from Ch. 111, par. 7610)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 10. Expiration and License expiration; renewal;
21continuing education requirement. The expiration date and
22renewal period for of licenses issued under this Act shall be
23set by rule. As a condition for renewal of a license, licensees
24shall be required to complete continuing education in athletic
25training in accordance with rules established by the

 

 

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1Department. Licenses shall be renewed according to procedures
2established by the Department and upon payment of the renewal
3fee established herein and proof of completion of approved
4continuing education relating to the performance and practice
5of athletic training. The number of hours required and their
6composition shall be set by rule.
7(Source: P.A. 94-246, eff. 1-1-06.)
 
8    (225 ILCS 5/11)  (from Ch. 111, par. 7611)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 11. Inactive licenses; restoration. Any athletic
11trainer who notifies the Department in writing on forms
12prescribed by the Department, may elect to place his or her
13license on an inactive status and shall, subject to rules of
14the Department, be excused from payment of renewal fees until
15he or she notifies the Department in writing of his or her
16desire to resume active status.
17    Any athletic trainer requesting restoration from inactive
18status shall be required to pay the current renewal fee, shall
19demonstrate compliance with continuing education requirements,
20if any, and shall be required to restore his or her license as
21provided in Section 12.
22    Any athletic trainer whose license is in expired or
23inactive status shall not practice athletic training in the
24State of Illinois.
25(Source: P.A. 89-216, eff. 1-1-96.)
 

 

 

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1    (225 ILCS 5/12)  (from Ch. 111, par. 7612)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 12. Restoration of expired licenses. An athletic
4trainer who has permitted his or her license registration to
5expire or who has had his or her license on inactive status may
6have his or her license restored by making application to the
7Department and filing proof acceptable to the Department of his
8or her fitness to have his or her license restored, including
9sworn evidence certifying to active practice in another
10jurisdiction satisfactory to the Department and by paying the
11required fees restoration fee. Proof of fitness may include
12sworn evidence certifying active lawful practice in another
13jurisdiction.
14    If the athletic trainer has not maintained an active
15practice in another jurisdiction satisfactory to the
16Department, the Department shall determine, by an evaluation
17program established by rule, with the advice of the Board his
18or her fitness for restoration of the license and shall
19establish procedures and requirements for restoration to
20resume active status and may require the athletic trainer to
21complete a period of evaluated clinical experience and may
22require successful completion of an examination.
23    Any athletic trainer whose license has been expired for
24more than 5 years may have his or her license restored by
25making application to the Department and filing proof

 

 

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1acceptable to the Department of his or her fitness to have his
2or her license restored, including sworn evidence certifying to
3active practice in another jurisdiction and by paying the
4required restoration fee. However, any athletic trainer whose
5license has expired while he or she has been engaged (1) in the
6federal service in active duty with the Army of the United
7States, the United States Navy, the Marine Corps, the Air
8Force, the Coast Guard, or the State Militia called into the
9service or training of the United States of America, or (2) in
10training or education under the supervision of the United
11States preliminary to induction into the military service, may
12have his or her license restored without paying any lapsed
13renewal fees or restoration fee, if within 2 years after
14termination of such service, training, or education, other than
15by dishonorable discharge, he or she furnished the Department
16with an affidavit to the effect that he or she has been so
17engaged and that his or her service, training, or education has
18been so terminated.
19(Source: P.A. 89-216, eff. 1-1-96.)
 
20    (225 ILCS 5/13)  (from Ch. 111, par. 7613)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 13. Endorsement. The Department may, at its
23discretion, license as an athletic trainer, without
24examination, on payment of the required fee, an applicant for
25licensure who is an athletic trainer registered or licensed

 

 

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1under the laws of another jurisdiction state if the
2requirements pertaining to athletic trainers in such
3jurisdiction state were at the date of his or her registration
4or licensure substantially equal to the requirements in force
5in Illinois on that date or equivalent to the requirements of
6this Act. If the requirements of that state are not
7substantially equal to the Illinois requirements, or if at the
8time of application the state in which the applicant has been
9practicing does not regulate the practice of athletic training,
10and the applicant began practice in that state prior to January
111, 2004, a person having the qualifications prescribed in this
12Section may be qualified to receive a license as an athletic
13trainer if he or she:
14        (1) has passed an examination approved by the
15    Department to determine his or her fitness for practice as
16    an athletic trainer; and
17        (2) gives proof of current certification, on the date
18    of application, in CPR/AED for the Healthcare Professional
19    or equivalent based on American Red Cross or American Heart
20    Association standards.
21    The Department may request a personal interview of an
22applicant before the Board to further evaluate his or her
23qualifications for a license.
24    Applicants have 3 years from the date of application to
25complete the application process. If the process has not been
26completed in 3 years, the application shall be denied, the fee

 

 

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1forfeited and the applicant must reapply and meet the
2requirements in effect at the time of reapplication.
3(Source: P.A. 94-246, eff. 1-1-06.)
 
4    (225 ILCS 5/14)  (from Ch. 111, par. 7614)
5    (Section scheduled to be repealed on January 1, 2016)
6    Sec. 14. Fees; returned checks. The fees for administration
7and enforcement of this Act, including but not limited to
8original licensure, renewal, and restoration shall be set by
9rule. The fees shall be non-refundable.
10    Any person who delivers a check or other payment to the
11Department that is returned to the Department unpaid by the
12financial institution upon which it is drawn shall pay to the
13Department, in addition to the amount already owed to the
14Department, a fine of $50.
15    The fines imposed by this Section are in addition to any
16other discipline provided under this Act for unlicensed
17practice or practice on a nonrenewed license. The Department
18shall notify the person that payment of fees and fines shall be
19paid to the Department by certified check or money order within
2030 calendar days of the notification. If, after the expiration
21of 30 days from the date of the notification, the person has
22failed to submit the necessary remittance, the Department shall
23automatically terminate the license or certificate or deny the
24application, without hearing. If, after termination or denial,
25the person seeks a license or certificate, he or she shall

 

 

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1apply to the Department for restoration or issuance of the
2license or certificate and pay all fees and fines due to the
3Department. The Department may establish a fee for the
4processing of an application for restoration of a license or
5certificate to pay all expenses of processing this application.
6The Director may waive the fines due under this Section in
7individual cases where the Director finds that the fines would
8be unreasonable or unnecessarily burdensome.
9(Source: P.A. 92-146, eff. 1-1-02.)
 
10    (225 ILCS 5/16)  (from Ch. 111, par. 7616)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 16. Grounds for discipline Refusal to issue,
13suspension, or revocation of license.     (1) The Department
14may refuse to issue or renew, or may revoke, suspend, place on
15probation, reprimand, or take other disciplinary action as the
16Department may deem proper, including fines not to exceed
17$10,000 $5,000 for each violation, with regard to any licensee
18for any one or combination of the following:
19        (A) Material misstatement in furnishing information to
20    the Department;
21        (B) Violations Negligent or intentional disregard of
22    this Act, or of the rules or regulations promulgated
23    hereunder;
24        (C) Conviction of or plea of guilty to any crime under
25    the Criminal Code of 2012 or the laws of any jurisdiction

 

 

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1    of the United States or any state or territory thereof that
2    is (i) a felony, (ii) a misdemeanor, an essential element
3    of which is dishonesty, or (iii) of any crime that is
4    directly related to the practice of the profession;
5        (D) Fraud or Making any misrepresentation in applying
6    for or procuring a license under this Act, or in connection
7    with applying for renewal of a license under this Act for
8    the purpose of obtaining registration, or violating any
9    provision of this Act;
10        (E) Professional incompetence or gross negligence;
11        (F) Malpractice;
12        (G) Aiding or assisting another person, firm,
13    partnership, or corporation in violating any provision of
14    this Act or rules;
15        (H) Failing, within 60 days, to provide information in
16    response to a written request made by the Department;
17        (I) Engaging in dishonorable, unethical, or
18    unprofessional conduct of a character likely to deceive,
19    defraud or harm the public;
20        (J) Habitual or excessive use or abuse intoxication or
21    addiction to the use of drugs defined in law as controlled
22    substances, alcohol, or any other substance that results in
23    the inability to practice with reasonable judgment, skill,
24    or safety;
25        (K) Discipline by another state, unit of government,
26    government agency, the District of Columbia, territory, or

 

 

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1    foreign nation, if at least one of the grounds for the
2    discipline is the same or substantially equivalent to those
3    set forth herein;
4        (L) Directly or indirectly giving to or receiving from
5    any person, firm, corporation, partnership, or association
6    any fee, commission, rebate, or other form of compensation
7    for any professional services not actually or personally
8    rendered. Nothing in this subparagraph (L) affects any bona
9    fide independent contractor or employment arrangements
10    among health care professionals, health facilities, health
11    care providers, or other entities, except as otherwise
12    prohibited by law. Any employment arrangements may include
13    provisions for compensation, health insurance, pension, or
14    other employment benefits for the provision of services
15    within the scope of the licensee's practice under this Act.
16    Nothing in this subparagraph (L) shall be construed to
17    require an employment arrangement to receive professional
18    fees for services rendered;
19        (M) A finding by the Department that the licensee after
20    having his or her license disciplined placed on
21    probationary status has violated the terms of probation;
22        (N) Abandonment of an athlete;
23        (O) Willfully making or filing false records or reports
24    in his or her practice, including but not limited to false
25    records filed with State agencies or departments;
26        (P) Willfully failing to report an instance of

 

 

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1    suspected child abuse or neglect as required by the Abused
2    and Neglected Child Reporting Act;
3        (Q) Physical illness, including but not limited to
4    deterioration through the aging process, or loss of motor
5    skill that results in the inability to practice the
6    profession with reasonable judgment, skill, or safety;
7        (R) Solicitation of professional services other than
8    by permitted institutional policy;
9        (S) The use of any words, abbreviations, figures or
10    letters with the intention of indicating practice as an
11    athletic trainer without a valid license as an athletic
12    trainer under this Act;
13        (T) The evaluation or treatment of ailments of human
14    beings other than by the practice of athletic training as
15    defined in this Act or the treatment of injuries of
16    athletes by a licensed athletic trainer except by the
17    referral of a physician, podiatric physician, or dentist;
18        (U) Willfully violating or knowingly assisting in the
19    violation of any law of this State relating to the use of
20    habit-forming drugs;
21        (V) Willfully violating or knowingly assisting in the
22    violation of any law of this State relating to the practice
23    of abortion;
24        (W) Continued practice by a person knowingly having an
25    infectious communicable or contagious disease;
26        (X) Being named as a perpetrator in an indicated report

 

 

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1    by the Department of Children and Family Services pursuant
2    to the Abused and Neglected Child Reporting Act and upon
3    proof by clear and convincing evidence that the licensee
4    has caused a child to be an abused child or neglected child
5    as defined in the Abused and Neglected Child Reporting Act;
6        (Y) (Blank) Failure to file a return, or to pay the
7    tax, penalty, or interest shown in a filed return, or to
8    pay any final assessment of tax, penalty, or interest, as
9    required by any tax Act administered by the Illinois
10    Department of Revenue, until such time as the requirements
11    of any such tax Act are satisfied; or
12        (Z) Failure to fulfill continuing education
13    requirements; as prescribed in Section 10 of this Act.
14            (AA) Allowing one's license under this Act to be
15        used by an unlicensed person in violation of this Act;
16            (BB) Practicing under a false or, except as
17        provided by law, assumed name;
18            (CC) Promotion of the sale of drugs, devices,
19        appliances, or goods provided in any manner to exploit
20        the client for the financial gain of the licensee;
21            (DD) Gross, willful, or continued overcharging for
22        professional services;
23            (EE) Mental illness or disability that results in
24        the inability to practice under this Act with
25        reasonable judgment, skill, or safety; or
26            (FF) Cheating on or attempting to subvert the

 

 

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1        licensing examination administered under this Act.
2    All fines imposed under this Section shall be paid within
360 days after the effective date of the order imposing the fine
4or in accordance with the terms set forth in the order imposing
5the fine.
6    (2) The determination by a circuit court that a licensee is
7subject to involuntary admission or judicial admission as
8provided in the Mental Health and Developmental Disabilities
9Code operates as an automatic suspension. Such suspension will
10end only upon a finding by a court that the licensee athletic
11trainer is no longer subject to involuntary admission or
12judicial admission and issuance of issues an order so finding
13and discharging the licensee athlete; and upon the
14recommendation of the Board to the Director that the licensee
15be allowed to resume his or her practice.
16    (3) The Department may refuse to issue or may suspend
17without hearing, as provided for in the Code of Civil
18Procedure, the license of any person who fails to file a
19return, to pay the tax, penalty, or interest shown in a filed
20return, or to pay any final assessment of tax, penalty, or
21interest as required by any tax Act administered by the
22Illinois Department of Revenue, until such time as the
23requirements of any such tax Act are satisfied in accordance
24with subsection (a) of Section 2105-15 of the Department of
25Professional Regulation Law of the Civil Administrative Code of
26Illinois.

 

 

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1    (4) In enforcing this Section, the Department, upon a
2showing of a possible violation, may compel any individual who
3is licensed under this Act or any individual who has applied
4for licensure to submit to a mental or physical examination or
5evaluation, or both, which may include a substance abuse or
6sexual offender evaluation, at the expense of the Department.
7The Department shall specifically designate the examining
8physician licensed to practice medicine in all of its branches
9or, if applicable, the multidisciplinary team involved in
10providing the mental or physical examination and evaluation.
11The multidisciplinary team shall be led by a physician licensed
12to practice medicine in all of its branches and may consist of
13one or more or a combination of physicians licensed to practice
14medicine in all of its branches, licensed chiropractic
15physicians, licensed clinical psychologists, licensed clinical
16social workers, licensed clinical professional counselors, and
17other professional and administrative staff. Any examining
18physician or member of the multidisciplinary team may require
19any person ordered to submit to an examination and evaluation
20pursuant to this Section to submit to any additional
21supplemental testing deemed necessary to complete any
22examination or evaluation process, including, but not limited
23to, blood testing, urinalysis, psychological testing, or
24neuropsychological testing.
25    The Department may order the examining physician or any
26member of the multidisciplinary team to provide to the

 

 

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1Department any and all records, including business records,
2that relate to the examination and evaluation, including any
3supplemental testing performed. The Department may order the
4examining physician or any member of the multidisciplinary team
5to present testimony concerning this examination and
6evaluation of the licensee or applicant, including testimony
7concerning any supplemental testing or documents relating to
8the examination and evaluation. No information, report,
9record, or other documents in any way related to the
10examination and evaluation shall be excluded by reason of any
11common law or statutory privilege relating to communication
12between the licensee or applicant and the examining physician
13or any member of the multidisciplinary team. No authorization
14is necessary from the licensee or applicant ordered to undergo
15an evaluation and examination for the examining physician or
16any member of the multidisciplinary team to provide
17information, reports, records, or other documents or to provide
18any testimony regarding the examination and evaluation. The
19individual to be examined may have, at his or her own expense,
20another physician of his or her choice present during all
21aspects of the examination.
22    Failure of any individual to submit to a mental or physical
23examination or evaluation, or both, when directed, shall result
24in an automatic suspension without hearing, until such time as
25the individual submits to the examination. If the Department
26finds a licensee unable to practice because of the reasons set

 

 

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1forth in this Section, the Department shall require the
2licensee to submit to care, counseling, or treatment by
3physicians approved or designated by the Department as a
4condition for continued, reinstated, or renewed licensure.
5    When the Secretary immediately suspends a license under
6this Section, a hearing upon such person's license must be
7convened by the Department within 15 days after the suspension
8and completed without appreciable delay. The Department shall
9have the authority to review the licensee's record of treatment
10and counseling regarding the impairment to the extent permitted
11by applicable federal statutes and regulations safeguarding
12the confidentiality of medical records.
13    Individuals licensed under this Act who are affected under
14this Section shall be afforded an opportunity to demonstrate to
15the Department that they can resume practice in compliance with
16acceptable and prevailing standards under the provisions of
17their license.
18    (5) The Department shall deny a license or renewal
19authorized by this Act to a person who has defaulted on an
20educational loan or scholarship provided or guaranteed by the
21Illinois Student Assistance Commission or any governmental
22agency of this State in accordance with paragraph (5) of
23subsection (a) of Section 2105-15 of the Department of
24Professional Regulation Law of the Civil Administrative Code of
25Illinois.
26    (6) In cases where the Department of Healthcare and Family

 

 

HB3802- 30 -LRB099 05883 JWD 31507 b

1Services has previously determined a licensee or a potential
2licensee is more than 30 days delinquent in the payment of
3child support and has subsequently certified the delinquency to
4the Department, the Department may refuse to issue or renew or
5may revoke or suspend that person's license or may take other
6disciplinary action against that person based solely upon the
7certification of delinquency made by the Department of
8Healthcare and Family Services in accordance with paragraph (5)
9of subsection (a) of Section 2105-15 of the Department of
10Professional Regulation Law of the Civil Administrative Code of
11Illinois.
12(Source: P.A. 98-214, eff. 8-9-13.)
 
13    (225 ILCS 5/17)  (from Ch. 111, par. 7617)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 17. Violations; injunction; cease and desist order -
16Injunction - Cease and desist order.
17    (a) If any person violates a the provision of this Act, the
18Secretary Director may, in the name of the People of the State
19of Illinois, through the Attorney General of the State of
20Illinois or the State's Attorney of the county in which the
21violation is alleged to have occurred, petition for an order
22enjoining such violation or for an order enforcing compliance
23with this Act. Upon the filing of a verified petition in such
24court, the court may issue a temporary restraining order,
25without notice or bond, and may preliminarily and permanently

 

 

HB3802- 31 -LRB099 05883 JWD 31507 b

1enjoin such violation, and if it is established that such
2person has violated or is violating the injunction, the court
3may punish the offender for contempt of court. Proceedings
4under this Section shall be in addition to, and not in lieu of,
5all other remedies and penalties provided by this Act.
6    (b) If any person shall hold himself or herself out in a
7manner prohibited by this Act, any interested party or any
8person injured thereby may, in addition to the Secretary
9Director, petition for relief as provided in subsection (a) of
10this Section.
11    (c) Whenever in the opinion of the Department any person
12violates any provision of this Act, the Department may issue a
13rule to show cause why an order to cease and desist should not
14be entered against him or her. The rule shall clearly set forth
15the grounds relied upon by the Department and shall provide a
16period of 7 days from the date of the rule to file an answer to
17the satisfaction of the Department. Failure to answer to the
18satisfaction of the Department shall cause an order to cease
19and desist to be issued forthwith.
20(Source: P.A. 84-1080.)
 
21    (225 ILCS 5/17.5)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 17.5. Unlicensed practice; violation; civil penalty.
24    (a) In addition to any other penalty provided by law, any
25Any person who practices, offers to practice, attempts to

 

 

HB3802- 32 -LRB099 05883 JWD 31507 b

1practice, or holds oneself out to practice as a licensed
2athletic trainer without being licensed under this Act shall,
3in addition to any other penalty provided by law, pay a civil
4penalty to the Department in an amount not to exceed $10,000
5$5,000 for each offense as determined by the Department. The
6civil penalty shall be assessed by the Department after a
7hearing is held in accordance with the provisions set forth in
8this Act regarding the provision of a hearing for the
9discipline of a licensee.
10    (b) The Department has the authority and power to
11investigate any and all unlicensed activity.
12    (c) The civil penalty shall be paid within 60 days after
13the effective date of the order imposing the civil penalty or
14in accordance with the order imposing the civil penalty. The
15order shall constitute a judgment and may be filed and
16execution had thereon in the same manner as any judgment from
17any court of record.
18(Source: P.A. 94-246, eff. 1-1-06.)
 
19    (225 ILCS 5/18)  (from Ch. 111, par. 7618)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 18. Investigations; notice and hearing. The
22Department may investigate the actions of any applicant or of
23any person or persons holding or claiming to hold a license.
24The Department shall, before refusing to issue or to renew a
25license or disciplining a registrant, at least 30 days prior to

 

 

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1the date set for the hearing, notify in writing the applicant
2or licensee for, or holder of, a license of the nature of the
3charges and the time and place that a hearing will be held on
4the charges date designated. The Department shall direct the
5applicant or licensee to file a written answer to the Board
6under oath within 20 days after the service of the notice and
7inform the applicant or licensee that failure to file an answer
8will result in default being taken against the applicant or
9licensee and that the license or certificate may be suspended,
10revoked, placed on probationary status, or other disciplinary
11action may be taken, including limiting the scope, nature, or
12extent of practice, as the Director may deem proper. Written
13notice may be served by personal delivery or certified or
14registered mail to the respondent at the address of his or her
15last notification to the Department. In case the person fails
16to file an answer after receiving notice, his or her license or
17certificate may, in the discretion of the Department, be
18suspended, revoked, or placed on probationary status, or the
19Department may take whatever disciplinary action deemed
20proper, including limiting the scope, nature, or extent of the
21person's practice or the imposition of a fine, without a
22hearing, if the act or acts charged constitute sufficient
23grounds for such action under this Act. At the time and place
24fixed in the notice, the Department Board shall proceed to hear
25the charges, and the parties or their counsel shall be accorded
26ample opportunity to present such statements, testimony,

 

 

HB3802- 34 -LRB099 05883 JWD 31507 b

1evidence, and argument as may be pertinent to the charges or to
2their defense. The Department Board may continue a hearing from
3time to time. The written notice and any notice in the
4subsequent proceeding may be served by registered or certified
5mail to the licensee's address of record.
6(Source: P.A. 89-216, eff. 1-1-96.)
 
7    (225 ILCS 5/18.5 new)
8    Sec. 18.5. Confidentiality. All information collected by
9the Department in the course of an examination or investigation
10of a licensee or applicant, including, but not limited to, any
11complaint against a licensee filed with the Department and
12information collected to investigate any such complaint, shall
13be maintained for the confidential use of the Department and
14shall not be disclosed. The Department may not disclose the
15information to anyone other than law enforcement officials,
16other regulatory agencies that have an appropriate regulatory
17interest as determined by the Secretary, or a party presenting
18a lawful subpoena to the Department. Information and documents
19disclosed to a federal, State, county, or local law enforcement
20agency shall not be disclosed by the agency for any purpose to
21any other agency or person. A formal complaint filed against a
22licensee by the Department or any order issued by the
23Department against a licensee or applicant shall be a public
24record, except as otherwise prohibited by law.
 

 

 

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1    (225 ILCS 5/19)  (from Ch. 111, par. 7619)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 19. Record of proceedings Stenographer - Transcript.
4The Department, at its expense, shall preserve a record of all
5proceedings at the formal hearing of any case involving the
6refusal to issue or renew a license or the discipline of a
7licensee. The notice of hearing, complaint and all other
8documents in the nature of pleadings and written motions filed
9in the proceedings, the transcript of testimony, the report of
10the Board and order of the Department shall be the record of
11such proceeding. Any licensee who is found to have violated
12this Act or who fails to appear for a hearing to refuse to
13issue, restore, or renew a license or to discipline a licensee
14may be required by the Department to pay for the costs of the
15proceeding. These costs are limited to costs for court
16reporters, transcripts, and witness attendance and mileage
17fees. All costs imposed under this Section shall be paid within
1860 days after the effective date of the order imposing the fine
19or in accordance with the terms set forth in the order imposing
20the fine.
21(Source: P.A. 89-216, eff. 1-1-96.)
 
22    (225 ILCS 5/19.5 new)
23    Sec. 19.5. Subpoenas; oaths. The Department may subpoena
24and bring before it any person and may take the oral or written
25testimony of any person or compel the production of any books,

 

 

HB3802- 36 -LRB099 05883 JWD 31507 b

1papers, records, or any other documents that the Secretary or
2his or her designee deems relevant or material to an
3investigation or hearing conducted by the Department with the
4same fees and mileage and in the same manner as prescribed by
5law in judicial procedure in civil cases in courts of this
6State.
7    The Secretary, the designated hearing officer, any member
8of the Board, or a certified shorthand court reporter may
9administer oaths at any hearing which the Department conducts.
10Notwithstanding any other statute or Department rule to the
11contrary, all requests for testimony or production of documents
12or records shall be in accordance with this Act.
 
13    (225 ILCS 5/20)  (from Ch. 111, par. 7620)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 20. Attendance of witnesses; contempt Compelling
16testimony. Any circuit court may, upon application of the
17Department or its designee or of the applicant or licensee
18against whom proceedings pursuant to Section 20 of this Act are
19pending, enter an order requiring the attendance of witnesses
20and their testimony, and the production of documents, papers,
21files, books, and records in connection with any hearing or
22investigation. The court may compel obedience to its order by
23proceedings for contempt.
24(Source: P.A. 89-216, eff. 1-1-96.)
 

 

 

HB3802- 37 -LRB099 05883 JWD 31507 b

1    (225 ILCS 5/21)  (from Ch. 111, par. 7621)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 21. Findings of Board and recommendations. At the
4conclusion of the hearing the Board shall present to the
5Secretary Director a written report of its findings of fact,
6conclusions of law, and recommendations. The report shall
7contain a finding of whether or not the accused person violated
8this Act or failed to comply with the conditions required in
9this Act. The Board shall specify the nature of the violation
10or failure to comply, and shall make its recommendations to the
11Secretary Director.
12    The report of findings of fact, conclusions of law, and
13recommendations of the Board shall be the basis for the
14Department's order refusing to issue, restore, or renew a
15license, or otherwise disciplining a licensee. If of refusal or
16for the granting of licensure unless the Secretary disagrees
17with the report of Director shall determine that the Board,
18report is contrary to the manifest weight of the evidence, in
19which case the Secretary Director may issue an order in
20contravention of the Board report. The finding is not
21admissible in evidence against the person in a criminal
22prosecution brought for the violation of this Act, but the
23hearing and finding are not a bar to a criminal prosecution
24brought for the violation of this Act.
25(Source: P.A. 89-216, eff. 1-1-96.)
 

 

 

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1    (225 ILCS 5/22)  (from Ch. 111, par. 7622)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 22. Report of Board; motion for rehearing Rehearing.
4In any case involving the refusal to issue or renew a license
5or the discipline of a licensee, a copy of the Board's report
6shall be served upon the respondent by the Department, either
7personally or as provided in this Act for the service of the
8notice of hearing. Within 20 days after such service, the
9respondent may present to the Department a motion in writing
10for a rehearing, which motion shall specify the particular
11grounds therefor. If no motion for rehearing is filed, then
12upon the expiration of the time specified for filing such a
13motion, or if a motion for rehearing is denied, then upon such
14denial the Secretary Director may enter an order in accordance
15with recommendations of the Board except as provided in Section
1623 of this Act. If the respondent shall order from the
17reporting service, and pay for a transcript of the record
18within the time for filing a motion for rehearing, the 20 day
19period within which such a motion may be filed shall commence
20upon the delivery of the transcript to the respondent.
21(Source: P.A. 89-216, eff. 1-1-96.)
 
22    (225 ILCS 5/23)  (from Ch. 111, par. 7623)
23    (Section scheduled to be repealed on January 1, 2016)
24    Sec. 23. Director - Rehearing. Whenever the Secretary
25Director is satisfied that substantial justice has not been

 

 

HB3802- 39 -LRB099 05883 JWD 31507 b

1done in the revocation or suspension of a license or refusal to
2issue or renew a license, the Secretary Director may order a
3rehearing by the same or other examiners.
4(Source: P.A. 89-216, eff. 1-1-96.)
 
5    (225 ILCS 5/24)  (from Ch. 111, par. 7624)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 24. Hearing officer appointment. The Secretary
8Director shall have the authority to appoint any attorney duly
9licensed to practice law in the State of Illinois to serve as
10the hearing officer in any action for refusal to issue or ,
11renew a license, or for the taking of disciplinary action
12against a license discipline of a licensee. The hearing officer
13shall have full authority to conduct the hearing. The hearing
14officer shall report his or her findings of fact, conclusions
15of law, and recommendations to the Board and the Secretary
16Director. The Board shall have 90 60 days from receipt of the
17report to review the report of the hearing officer and present
18its their findings of fact, conclusions of law and
19recommendation to the Secretary Director. If the Board fails to
20present its report within the 90 60 day period, the Secretary
21may Director shall issue an order based on the report of the
22hearing officer. If the Secretary Director determines that the
23Board's report is contrary to the manifest weight of the
24evidence, he or she may issue an order in contravention of the
25Board's report.

 

 

HB3802- 40 -LRB099 05883 JWD 31507 b

1(Source: P.A. 89-216, eff. 1-1-96.)
 
2    (225 ILCS 5/25)  (from Ch. 111, par. 7625)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 25. Order or certified copy thereof; prima - Prima
5facie proof. An order or a certified copy thereof, over the
6seal of the Department and purporting to be signed by the
7Secretary Director, shall be prima facie proof:
8    (a) That such signature is the genuine signature of the
9Secretary Director;
10    (b) That such Secretary Director is duly appointed and
11qualified;
12    (c) (Blank) That the Board and the members thereof are
13qualified to act.
14(Source: P.A. 84-1080.)
 
15    (225 ILCS 5/26)  (from Ch. 111, par. 7626)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 26. Restoration of suspended or revoked license from
18discipline. At any time after the successful completion of a
19term of indefinite probation, suspension or revocation of any
20license, the Department may restore the license to the
21licensee, unless, after an investigation and a hearing, the
22Secretary determines that restoration is not in the public
23interest or that the licensee has not been sufficiently
24rehabilitated to warrant the public trust. No person or entity

 

 

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1whose license, certificate, or authority has been revoked as
2authorized in this Act may apply for restoration of that
3license, certificate, or authority until such time as provided
4for in the Civil Administrative Code of Illinois it to the
5accused person upon the written recommendation of the Board
6unless, after an investigation and a hearing, the Board
7determines that restoration is not in the public interest.
8(Source: P.A. 89-216, eff. 1-1-96.)
 
9    (225 ILCS 5/27)  (from Ch. 111, par. 7627)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 27. Surrender of license. Upon the revocation or
12suspension of any license, the licensee shall forthwith
13surrender the license or licenses to the Department, and if he
14or she fails to do so, the Department shall have the right to
15seize the license.
16(Source: P.A. 89-216, eff. 1-1-96.)
 
17    (225 ILCS 5/28)  (from Ch. 111, par. 7628)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 28. Summary Temporary suspension of a license. The
20Secretary Director may summarily temporarily suspend the
21license of an athletic trainer without a hearing,
22simultaneously with the institution of proceedings for a
23hearing provided for in Section 20 of this Act, if the
24Secretary Director finds that evidence in his or her possession

 

 

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1indicates that an athletic trainer's continuation in practice
2would constitute an imminent danger to the public. In the event
3that the Secretary Director suspends, summarily temporarily,
4the license of an athletic trainer without a hearing, a hearing
5shall be commenced by the Board must be held within 30 days
6after such suspension has occurred and shall be concluded as
7expeditiously as possible.
8(Source: P.A. 89-216, eff. 1-1-96.)
 
9    (225 ILCS 5/29)  (from Ch. 111, par. 7629)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 29. Administrative review; - Venue. All final
12administrative decisions of the Department are subject to
13judicial review pursuant to the provisions of the
14"Administrative Review Law", as now or hereafter amended and
15all rules adopted pursuant thereto. The term "administrative
16decision" is defined as in Section 3-101 of the Code of Civil
17Procedure.
18    Proceedings for judicial review shall be commenced in the
19circuit court of the county in which the party applying for
20review relief resides; but if the party is not a resident of
21this State, the venue shall be in Sangamon County.
22(Source: P.A. 84-1080.)
 
23    (225 ILCS 5/30)  (from Ch. 111, par. 7630)
24    (Section scheduled to be repealed on January 1, 2016)

 

 

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1    Sec. 30. Certifications of record; costs. The Department
2shall not be required to certify any record to the Court or
3file any answer in court or otherwise appear in any court in a
4judicial review proceeding, unless and until the Department has
5received from the plaintiff payment of the costs of furnishing
6and certifying the record, which costs shall be determined by
7the Department. Exhibits shall be certified without cost there
8is filed in the court, with the complaint, a receipt from the
9Department acknowledging payment of the costs of furnishing and
10certifying the record. Failure on the part of the plaintiff to
11file a receipt in court Court shall be grounds for dismissal of
12the action.
13(Source: P.A. 87-1031.)
 
14    (225 ILCS 5/31)  (from Ch. 111, par. 7631)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 31. Criminal penalties Violations. Any person who is
17found to have violated any provision of this Act is guilty of a
18Class A misdemeanor for a first offense. On conviction of a
19second or subsequent offense, the violator shall be guilty of a
20Class 4 felony.
21(Source: P.A. 84-1080.)
 
22    (225 ILCS 5/36 new)
23    Sec. 36. Repealer. This Act is repealed on January 1, 2026.
 
24    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.26
4    225 ILCS 5/3from Ch. 111, par. 7603
5    225 ILCS 5/4from Ch. 111, par. 7604
6    225 ILCS 5/5from Ch. 111, par. 7605
7    225 ILCS 5/6from Ch. 111, par. 7606
8    225 ILCS 5/7from Ch. 111, par. 7607
9    225 ILCS 5/7.5 new
10    225 ILCS 5/8from Ch. 111, par. 7608
11    225 ILCS 5/9from Ch. 111, par. 7609
12    225 ILCS 5/10from Ch. 111, par. 7610
13    225 ILCS 5/11from Ch. 111, par. 7611
14    225 ILCS 5/12from Ch. 111, par. 7612
15    225 ILCS 5/13from Ch. 111, par. 7613
16    225 ILCS 5/14from Ch. 111, par. 7614
17    225 ILCS 5/16from Ch. 111, par. 7616
18    225 ILCS 5/17from Ch. 111, par. 7617
19    225 ILCS 5/17.5
20    225 ILCS 5/18from Ch. 111, par. 7618
21    225 ILCS 5/18.5 new
22    225 ILCS 5/19from Ch. 111, par. 7619
23    225 ILCS 5/19.5 new
24    225 ILCS 5/20from Ch. 111, par. 7620
25    225 ILCS 5/21from Ch. 111, par. 7621

 

 

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1    225 ILCS 5/22from Ch. 111, par. 7622
2    225 ILCS 5/23from Ch. 111, par. 7623
3    225 ILCS 5/24from Ch. 111, par. 7624
4    225 ILCS 5/25from Ch. 111, par. 7625
5    225 ILCS 5/26from Ch. 111, par. 7626
6    225 ILCS 5/27from Ch. 111, par. 7627
7    225 ILCS 5/28from Ch. 111, par. 7628
8    225 ILCS 5/29from Ch. 111, par. 7629
9    225 ILCS 5/30from Ch. 111, par. 7630
10    225 ILCS 5/31from Ch. 111, par. 7631
11    225 ILCS 5/36 new