Sen. Pamela J. Althoff

Filed: 4/17/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 973

2    AMENDMENT NO. ______. Amend Senate Bill 973 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.26 and by adding Section 4.36 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 Acts repealed on January 1, 2016.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8Acts are repealed on January 1, 2016: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.

 

 

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1    The Illinois Physical Therapy Act.
2    The Professional Geologist Licensing Act.
3(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
496-1246, eff. 1-1-11.)
 
5    (5 ILCS 80/4.36 new)
6    Sec. 4.36. Act repealed on January 1, 2026. The following
7Act is repealed on January 1, 2026:
8    The Respiratory Care Practice Act.
 
9    Section 10. The Respiratory Care Practice Act is amended by
10changing Sections 10, 15, 20, 30, 35, 40, 45, 65, 80, 95, 100,
11105, 110, 115, 125, 130, 135, 140, 145, 150, 160, 170, and 180
12and by adding Sections 22, 190, and 195 as follows:
 
13    (225 ILCS 106/10)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 10. Definitions. In this Act:
16    "Address of record" means the designated address recorded
17by the Department in the applicant's or licensee's application
18file or license file as maintained by the Department's
19licensure maintenance unit. It is the duty of the applicant or
20licensee to inform the Department of any change of address and
21those changes must be made either through the Department's
22website or by contacting the Department.
23    "Advanced practice nurse" means an advanced practice nurse

 

 

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1licensed under the Nurse Practice Act.
2    "Board" means the Respiratory Care Board appointed by the
3Secretary Director.
4    "Basic respiratory care activities" means and includes all
5of the following activities:
6         (1) Cleaning, disinfecting, and sterilizing equipment
7    used in the practice of respiratory care as delegated by a
8    licensed health care professional or other authorized
9    licensed personnel.
10        (2) Assembling equipment used in the practice of
11    respiratory care as delegated by a licensed health care
12    professional or other authorized licensed personnel.
13        (3) Collecting and reviewing patient data through
14    non-invasive means, provided that the collection and
15    review does not include the individual's interpretation of
16    the clinical significance of the data. Collecting and
17    reviewing patient data includes the performance of pulse
18    oximetry and non-invasive monitoring procedures in order
19    to obtain vital signs and notification to licensed health
20    care professionals and other authorized licensed personnel
21    in a timely manner.
22        (4) Maintaining a nasal cannula or face mask for oxygen
23    therapy in the proper position on the patient's face.
24        (5) Assembling a nasal cannula or face mask for oxygen
25    therapy at patient bedside in preparation for use.
26        (6) Maintaining a patient's natural airway by

 

 

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1    physically manipulating the jaw and neck, suctioning the
2    oral cavity, or suctioning the mouth or nose with a bulb
3    syringe.
4        (7) Performing assisted ventilation during emergency
5    resuscitation using a manual resuscitator.
6        (8) Using a manual resuscitator at the direction of a
7    licensed health care professional or other authorized
8    licensed personnel who is present and performing routine
9    airway suctioning. These activities do not include care of
10    a patient's artificial airway or the adjustment of
11    mechanical ventilator settings while a patient is
12    connected to the ventilator.
13"Basic respiratory care activities" does not mean activities
14that involve any of the following:
15        (1) Specialized knowledge that results from a course of
16    education or training in respiratory care.
17        (2) An unreasonable risk of a negative outcome for the
18    patient.
19        (3) The assessment or making of a decision concerning
20    patient care.
21        (4) The administration of aerosol medication or
22    medical gas oxygen.
23        (5) The insertion and maintenance of an artificial
24    airway.
25        (6) Mechanical ventilatory support.
26        (7) Patient assessment.

 

 

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1        (8) Patient education.
2        (9) The transferring of oxygen devices, for purposes of
3    patient transport, with a liter flow greater than 6 liters
4    per minute, and the transferring of oxygen devices at any
5    liter flow being delivered to patients less than 12 years
6    of age.
7    "Department" means the Department of Financial and
8Professional Regulation.
9    "Director" means the Director of Professional Regulation.
10    "Licensed" means that which is required to hold oneself out
11as a respiratory care practitioner as defined in this Act.
12    "Licensed health care professional" means a physician
13licensed to practice medicine in all its branches, a certified
14registered nurse anesthetist, an advanced practice nurse who
15has a written collaborative agreement with a collaborating
16physician that authorizes the advanced practice nurse to
17transmit orders to a respiratory care practitioner, or a
18physician assistant who has been delegated the authority to
19transmit orders to a respiratory care practitioner by his or
20her supervising physician.
21    "Order" means a written, oral, or telecommunicated
22authorization for respiratory care services for a patient by
23(i) a licensed health care professional who maintains medical
24supervision of the patient and makes a diagnosis or verifies
25that the patient's condition is such that it may be treated by
26a respiratory care practitioner or (ii) a certified registered

 

 

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1nurse anesthetist in a licensed hospital or ambulatory surgical
2treatment center.
3    "Other authorized licensed personnel" means a licensed
4respiratory care practitioner, a licensed registered nurse, or
5a licensed practical nurse whose scope of practice authorizes
6the professional to supervise an individual who is not
7licensed, certified, or registered as a health professional.
8    "Proximate supervision" means a situation in which an
9individual is responsible for directing the actions of another
10individual in the facility and is physically close enough to be
11readily available, if needed, by the supervised individual.
12    "Respiratory care" and "cardiorespiratory care" mean
13preventative services, evaluation and assessment services,
14therapeutic services, cardiopulmonary disease management, and
15rehabilitative services under the order of a licensed health
16care professional or a certified registered nurse anesthetist
17in a licensed hospital for an individual with a disorder,
18disease, or abnormality of the cardiopulmonary system. These
19terms include, but are not limited to, measuring, observing,
20assessing, and monitoring signs and symptoms, reactions,
21general behavior, and general physical response of individuals
22to respiratory care services, including the determination of
23whether those signs, symptoms, reactions, behaviors, or
24general physical responses exhibit abnormal characteristics;
25the administration of pharmacological and therapeutic agents
26and procedures related to respiratory care services; the

 

 

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1collection of blood specimens and other bodily fluids and
2tissues for, and the performance of, cardiopulmonary
3diagnostic testing procedures, including, but not limited to,
4blood gas analysis; development, implementation, and
5modification of respiratory care treatment plans based on
6assessed abnormalities of the cardiopulmonary system,
7respiratory care guidelines, referrals, and orders of a
8licensed health care professional; application, operation, and
9management of mechanical ventilatory support and other means of
10life support, including, but not limited to, hemodynamic
11cardiovascular support; and the initiation of emergency
12procedures under the rules promulgated by the Department. A
13respiratory care practitioner shall refer to a physician
14licensed to practice medicine in all its branches any patient
15whose condition, at the time of evaluation or treatment, is
16determined to be beyond the scope of practice of the
17respiratory care practitioner.
18    "Respiratory care education program" means a course of
19academic study leading to eligibility for registry or
20certification in respiratory care. The training is to be
21approved by an accrediting agency recognized by the Board and
22shall include an evaluation of competence through a
23standardized testing mechanism that is determined by the Board
24to be both valid and reliable.
25    "Respiratory care practitioner" means a person who is
26licensed by the Department of Professional Regulation and meets

 

 

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1all of the following criteria:
2        (1) The person is engaged in the practice of
3    cardiorespiratory care and has the knowledge and skill
4    necessary to administer respiratory care.
5        (2) The person is capable of serving as a resource to
6    the licensed health care professional in relation to the
7    technical aspects of cardiorespiratory care and the safe
8    and effective methods for administering cardiorespiratory
9    care modalities.
10        (3) The person is able to function in situations of
11    unsupervised patient contact requiring great individual
12    judgment.
13    "Secretary" means the Secretary of Financial and
14Professional Regulation.
15(Source: P.A. 94-523, eff. 1-1-06; 95-639, eff. 10-5-07.)
 
16    (225 ILCS 106/15)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 15. Exemptions.
19    (a) This Act does not prohibit a person legally regulated
20in this State by any other Act from engaging in any practice
21for which he or she is authorized.
22    (b) Nothing in this Act shall prohibit the practice of
23respiratory care by a person who is employed by the United
24States government or any bureau, division, or agency thereof
25while in the discharge of the employee's official duties.

 

 

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1    (c) Nothing in this Act shall be construed to limit the
2activities and services of a person enrolled in an approved
3course of study leading to a degree or certificate of registry
4or certification eligibility in respiratory care if these
5activities and services constitute a part of a supervised
6course of study and if the person is designated by a title
7which clearly indicates his or her status as a student or
8trainee. Status as a student or trainee shall not exceed 3
9years from the date of enrollment in an approved course.
10    (d) Nothing in this Act shall prohibit a person from
11treating ailments by spiritual means through prayer alone in
12accordance with the tenets and practices of a recognized church
13or religious denomination.
14    (e) Nothing in this Act shall be construed to prevent a
15person who is a registered nurse, an advanced practice nurse, a
16licensed practical nurse, a physician assistant, or a physician
17licensed to practice medicine in all its branches from
18providing respiratory care.
19    (f) Nothing in this Act shall limit a person who is
20credentialed by the National Society for Cardiopulmonary
21Technology or the National Board for Respiratory Care from
22performing pulmonary function tests and respiratory care
23procedures related to the pulmonary function test. Individuals
24who do not possess a license to practice respiratory care or a
25license in another health care field may perform basic
26screening spirometry limited to peak flow, forced vital

 

 

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1capacity, slow vital capacity, and maximum voluntary
2ventilation if they possess spirometry certification from the
3National Institute for Occupational Safety and Health, an
4Office Spirometry Certificate from the American Association
5for Respiratory Care, or other similarly accepted
6certification training.
7    (g) Nothing in this Act shall prohibit the collection and
8analysis of blood by clinical laboratory personnel meeting the
9personnel standards of the Illinois Clinical Laboratory Act.
10    (h) Nothing in this Act shall prohibit a polysomnographic
11technologist, technician, or trainee, as defined in the job
12descriptions jointly accepted by the American Academy of Sleep
13Medicine, the Association of Polysomnographic Technologists,
14the Board of Registered Polysomnographic Technologists, and
15the American Society of Electroneurodiagnostic Technologists,
16from performing activities within the scope of practice of
17polysomnographic technology while under the direction of a
18physician licensed in this State.
19    (i) Nothing in this Act shall prohibit a family member from
20providing respiratory care services to an ill person.
21    (j) Nothing in this Act shall be construed to limit an
22unlicensed practitioner in a licensed hospital who is working
23under the proximate supervision of a licensed health care
24professional or other authorized licensed personnel and
25providing direct patient care services from performing basic
26respiratory care activities if the unlicensed practitioner (i)

 

 

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1has been trained to perform the basic respiratory care
2activities at the facility that employs or contracts with the
3individual and (ii) at a minimum, has annually received an
4evaluation of the unlicensed practitioner's performance of
5basic respiratory care activities documented by the facility.
6    (k) Nothing in this Act shall be construed to prohibit a
7person enrolled in a respiratory care education program or an
8approved course of study leading to a degree or certification
9in a health care-related discipline that provides respiratory
10care activities within his or her scope of practice and
11employed in a licensed hospital in order to provide direct
12patient care services under the direction of other authorized
13licensed personnel from providing respiratory care activities.
14    (l) Nothing in this Act prohibits a person licensed as a
15respiratory care practitioner in another jurisdiction from
16providing respiratory care: (i) in a declared emergency in this
17State; (ii) as a member of an organ procurement team; or (iii)
18as part of a medical transport team that is transporting a
19patient into or out of this State.
20(Source: P.A. 96-456, eff. 8-14-09.)
 
21    (225 ILCS 106/20)
22    (Section scheduled to be repealed on January 1, 2016)
23    Sec. 20. Restrictions and limitations.
24    (a) No person shall, without a valid license as a
25respiratory care practitioner (i) hold himself or herself out

 

 

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1to the public as a respiratory care practitioner; (ii) use the
2title "respiratory care practitioner"; or (iii) perform or
3offer to perform the duties of a respiratory care practitioner,
4except as provided in Section 15 of this Act.
5    (b) Nothing in the Act shall be construed to permit a
6person licensed as a respiratory care practitioner to engage in
7any manner in the practice of medicine in all its branches as
8defined by State law.
9(Source: P.A. 94-523, eff. 1-1-06.)
 
10    (225 ILCS 106/22 new)
11    Sec. 22. Durable medical equipment use and training.
12    (a) Notwithstanding any other provision of this Act,
13unlicensed or non-credentialed individuals who deliver
14prescribed respiratory care equipment, including, but not
15limited to, oxygen, oxygen concentrators, pulmonary hygiene
16devices, aerosol compressors and generators, suction machines,
17and positive airway pressure devices, may deliver, set up,
18calibrate, and demonstrate the mechanical operation of a
19specific piece of equipment to the patient, family, and
20caregivers, with the exception of mechanical ventilators,
21which only a licensed respiratory care practitioner or other
22licensed health care professional operating within the scope of
23his or her scope of practice may deliver and set up.
24Demonstration of the mechanical operation of a specific piece
25of equipment includes demonstration of the on-off switches,

 

 

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1emergency buttons, and alarm silence and reset buttons, as
2appropriate. In order for unlicensed or non-credentialed
3personnel to deliver, set up, calibrate, and demonstrate a
4specific piece of equipment as allowed in this subsection (a),
5the employer must document that the employee has both received
6training and demonstrated competency using the specific piece
7of equipment under the supervision of a respiratory care
8practitioner licensed by this State or some other licensed
9practitioner operating within his or her scope of practice.
10    Equipment demonstration is not to be interpreted as
11teaching, administration, or performance of respiratory care.
12Unlicensed or non-credentialed individuals may not attach the
13equipment to the patient or instruct the patient, family, or
14caregiver on the use of the equipment beyond the mechanical
15functions of the device.
16    (b) Patients, family, and caregivers must be taught to use
17the equipment for the intended clinical application by a
18licensed respiratory care practitioner or other licensed
19health care professional operating within his or her scope of
20practice. This instruction may occur through follow-up after
21delivery, with an identical model in the health care facility
22prior to discharge or with an identical model at the medical
23supply office. Instructions to the patient regarding the
24clinical use of equipment, patient monitoring, patient
25assessment, or any other procedure used with the intent of
26evaluating the effectiveness of the treatment must be performed

 

 

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1by a respiratory care practitioner licensed by this State or
2any other licensed practitioner operating within his or her
3scope of practice.
 
4    (225 ILCS 106/30)
5    (Section scheduled to be repealed on January 1, 2016)
6    Sec. 30. Powers and duties of the Department. Subject to
7the provision of this Act, the Department may:
8    (a) Authorize examinations to ascertain the qualifications
9and fitness of an applicant for licensure as a respiratory care
10practitioner.
11    (b) Pass upon the qualifications of an applicant for
12licensure by endorsement.
13    (c) Conduct hearings on proceedings to refuse to issue,
14renew, or revoke a license or to suspend, place on probation,
15or reprimand a license issued or applied for person licensed
16under this Act.
17    (d) Formulate rules required for the administration of this
18Act. Notice of proposed rulemaking shall be transmitted to the
19Board, and the Department shall review the Board's response and
20any recommendations made in the response.
21    (e) Solicit the advice and expert knowledge of the Board on
22any matter relating to the administration and enforcement of
23this Act.
24    (f) (Blank). Issue a quarterly report to the Board of the
25status of all complaints related to licensed practitioners

 

 

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1received by the Department.
2    (g) Maintain a roster of the names and addresses of all
3licenses and all persons whose licenses have been suspended,
4revoked, or denied renewal for cause within the previous
5calendar year. The roster shall be available upon written
6request and payment of the required fee.
7(Source: P.A. 89-33, eff. 1-1-96.)
 
8    (225 ILCS 106/35)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 35. Respiratory Care Board.
11    (a) The Secretary Director shall appoint a Respiratory Care
12Board which shall serve in an advisory capacity to the
13Secretary Director. The Board shall consist of 7 9 persons of
14which 4 members shall be currently engaged in the practice of
15respiratory care with a minimum of 3 years practice in the
16State of Illinois, one member 3 members shall be a qualified
17medical director directors, and 2 members shall be hospital
18administrators.
19    (b) Members shall be appointed to a 4-year 3-year term;
20except, initial appointees shall serve the following terms: 3
21members shall serve for one year, 3 members shall serve for 2
22years, and 3 members shall serve for 3 years. A member whose
23term has expired shall continue to serve until his or her
24successor is appointed and qualified. No member shall be
25reappointed to the Board for a term that would cause his or her

 

 

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1continuous service on the Board to be longer than 10 8 years.
2Appointments to fill vacancies shall be made in the same manner
3as original appointments for the unexpired portion of the
4vacated term. Initial terms shall begin upon the effective date
5of this Act.
6    (c) The membership of the Board shall reasonably represent
7all the geographic areas in this State. The Secretary Director
8shall consider the recommendations of the organization
9representing the largest number of respiratory care
10practitioners for appointment of the respiratory care
11practitioner members of the Board and the organization
12representing the largest number of physicians licensed to
13practice medicine in all its branches for the appointment of
14the medical director directors to the Board board.
15    (d) The Secretary Director has the authority to remove any
16member of the Board for cause at any time before the expiration
17of his or her term. The Secretary shall be the sole arbiter of
18cause. from office for neglect of any duty required by law, for
19incompetence, or for unprofessional or dishonorable conduct.
20    (e) The Secretary Director shall consider the
21recommendations of the Board on questions involving standards
22of professional conduct, discipline, and qualifications of
23candidates for licensure under this Act.
24    (f) The members of the Board shall be reimbursed for all
25legitimate and necessary expenses incurred in attending
26meetings of the Board.

 

 

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1    (g) Four members of the Board shall constitute a quorum. A
2vacancy in the membership of the Board shall not impair the
3right of a quorum to exercise all of the rights and perform all
4of the duties of the Board.
5    (h) Members of the Board shall be immune from suit in any
6action based upon any disciplinary proceedings or other
7activities performed in good faith as members of the Board.
8(Source: P.A. 94-523, eff. 1-1-06.)
 
9    (225 ILCS 106/40)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 40. Application for original license. Applications
12for original license shall be made to the Department on forms
13prescribed by the Department and accompanied by the appropriate
14documentation and the required fee, which is not refundable.
15All applications shall contain information that, in the
16judgment judgement of the Department, will enable the
17Department to pass on the qualifications of the applicant for a
18license as a respiratory care practitioner.
19(Source: P.A. 89-33, eff. 1-1-96.)
 
20    (225 ILCS 106/45)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 45. Examination; failure or refusal to take
23examination.
24    (a) The Department shall authorize examinations of

 

 

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1applicants as respiratory care practitioners at the times and
2places as it may determine. The examination shall test an
3applicant's the competence and qualifications of the applicant
4to practice respiratory care.
5    (b) Applicants for examination shall pay, either to the
6Department or to the designated testing service, a fee covering
7the cost of providing the examination. Failure to appear for
8the examination on the scheduled date, at the time and place
9specified, after the application for examination has been
10received and acknowledged by the Department or the designated
11testing service shall result in the forfeiture of the
12examination fee.
13    (c) If an applicant neglects, fails, or refuses to take an
14examination, or fails to pass an examination for a license
15under this Act within 3 years after filing an application, the
16application shall be denied and the fee forfeited. However, the
17applicant may thereafter submit a new application accompanied
18by the required fee. The applicant shall meet the requirements
19in force at the time of making the new application.
20    (d) The Department may employ consultants for the purpose
21of preparing and conducting examinations.
22(Source: P.A. 89-33, eff. 1-1-96.)
 
23    (225 ILCS 106/65)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 65. Licenses; renewal; restoration; inactive status.

 

 

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1    (a) The expiration date and renewal period for each license
2issued under this Act shall be set by rule. The licensee may
3renew a license during the 30 day period preceding its
4expiration date by paying the required fee and demonstrating
5compliance with any continuing education requirements.
6    (b) A person who has permitted a license to expire or who
7has a license on inactive status may have it restored by
8submitting an application to the Department and filing proof of
9fitness, as defined by rule, to have the license restored,
10including, if appropriate, evidence that is satisfactory to the
11Department certifying the active practice of respiratory care
12in another jurisdiction and by paying the required fee.
13    A person practicing on an expired license is considered to
14be practicing without a license.
15    (c) If the person has not maintained an active practice
16that is satisfactory to the Department in another jurisdiction,
17the Department shall determine the person's fitness to resume
18active status. The Department may require the person to
19complete a specified period of evaluated respiratory care and
20may require successful completion of an examination.
21    (d) A person whose license expired while he or she was (1)
22in federal service on active duty with the Armed Forces armed
23forces of the United States or , while called into service or
24training with the State Militia, or (2) while in training or
25education under the supervision of the United States government
26preliminary to before induction into the military service may

 

 

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1have his or her license restored without paying any lapsed
2renewal fees a renewal fee if, within 2 years after the
3termination of his or her service, training, or education,
4except under conditions other than honorable, the Department is
5furnished with satisfactory evidence that the person has been
6so engaged and that the service, training, or education has
7been terminated.
8    (e) A license to practice shall not be denied any applicant
9because of the applicant's race, religion, creed, national
10origin, political beliefs, or activities, age, sex, sexual
11orientation, or physical impairment.
12(Source: P.A. 89-33, eff. 1-1-96.)
 
13    (225 ILCS 106/80)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 80. Returned checks; fines. Any person who delivers a
16check or other payment to the Department that is returned to
17the Department unpaid by the financial institution upon which
18it is drawn shall pay to the Department, in addition to the
19amount already owed to the Department, a fine of $50. The fines
20imposed by this Section are in addition to any other discipline
21provided under this Act for unlicensed practice or practice on
22a nonrenewed license. The Department shall notify the person
23that payment of fees and fines shall be paid to the Department
24by certified check or money order within 30 calendar days of
25the notification. If, after the expiration of 30 days from the

 

 

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1date of the notification, the person has failed to submit the
2necessary remittance, the Department shall automatically
3terminate the license or certificate or deny the application,
4without hearing. If, after termination or denial, the person
5seeks a license or certificate, he or she shall apply to the
6Department for restoration or issuance of the license or
7certificate and pay all fees and fines due to the Department.
8The Department may establish a fee for the processing of an
9application for restoration of a license or certificate to pay
10all expenses of processing this application. The Secretary
11Director may waive the fines due under this Section in
12individual cases where the Secretary Director finds that the
13fines would be unreasonable or unnecessarily burdensome.
14(Source: P.A. 92-146, eff. 1-1-02.)
 
15    (225 ILCS 106/95)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 95. Grounds for discipline.
18    (a) The Department may refuse to issue, renew, or may
19revoke, suspend, place on probation, reprimand, or take other
20disciplinary or non-disciplinary action as the Department
21considers appropriate, including the issuance of fines not to
22exceed $10,000 $5,000 for each violation, with regard to any
23license for any one or combination more of the following:
24        (1) Material misstatement in furnishing information to
25    the Department or to any other State or federal agency.

 

 

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1        (2) Violations of this Act, or any of the its rules
2    adopted under this Act.
3        (3) Conviction by plea of guilty or nolo contendere,
4    finding of guilt, jury verdict, or entry of judgment or by
5    sentencing of any crime, including, but not limited to,
6    convictions preceding sentences of supervision,
7    conditional discharge, or first offender probation, under
8    the laws of any jurisdiction of the United States or any
9    state or territory thereof: (i) that is a felony or (ii)
10    that is or a misdemeanor, an essential element of which is
11    dishonesty, or of any crime that is directly related to the
12    practice of the profession.
13        (4) Making any misrepresentation for the purpose of
14    obtaining a license.
15        (5) Professional incompetence or negligence in the
16    rendering of respiratory care services.
17        (6) Malpractice.
18        (7) Aiding or assisting another person in violating any
19    rules or provisions of this Act.
20        (8) Failing to provide information within 60 days in
21    response to a written request made by the Department.
22        (9) Engaging in dishonorable, unethical, or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public.
25        (10) Violating the rules of professional conduct
26    adopted by the Department.

 

 

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1        (11) Discipline by another jurisdiction, if at least
2    one of the grounds for the discipline is the same or
3    substantially equivalent to those set forth in this Act.
4        (12) 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 rendered.
8    Nothing in this paragraph (12) affects any bona fide
9    independent contractor or employment arrangements among
10    health care professionals, health facilities, health care
11    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 paragraph (12) shall be construed to
17    require an employment arrangement to receive professional
18    fees for services rendered.
19        (13) A finding that the licensee, after having her or
20    his license placed on probationary status or subject to
21    conditions or restrictions, has violated the terms of
22    probation or failed to comply with such terms or conditions
23    A finding by the Department that the licensee, after having
24    the license placed on probationary status, has violated the
25    terms of the probation.
26        (14) Abandonment of a patient.

 

 

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1        (15) Willfully filing false records or reports
2    relating to a licensee's practice including, but not
3    limited to, false records filed with a federal or State
4    agency or department.
5        (16) Willfully failing to report an instance of
6    suspected child abuse or neglect as required by the Abused
7    and Neglected Child Reporting Act.
8        (17) Providing respiratory care, other than pursuant
9    to an order.
10        (18) Physical or mental disability including, but not
11    limited to, deterioration through the aging process or loss
12    of motor skills that results in the inability to practice
13    the profession with reasonable judgment, skill, or safety.
14        (19) Solicitation of professional services by using
15    false or misleading advertising.
16        (20) Failure to file a tax return, or to pay the tax,
17    penalty, or interest shown in a filed return, or to pay any
18    final assessment of tax penalty, or interest, as required
19    by any tax Act administered by the Illinois Department of
20    Revenue or any successor agency or the Internal Revenue
21    Service or any successor agency.
22        (21) Irregularities in billing a third party for
23    services rendered or in reporting charges for services not
24    rendered.
25        (22) Being named as a perpetrator in an indicated
26    report by the Department of Children and Family Services

 

 

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1    under the Abused and Neglected Child Reporting Act, and
2    upon proof by clear and convincing evidence that the
3    licensee has caused a child to be an abused child or
4    neglected child as defined in the Abused and Neglected
5    Child Reporting Act.
6        (23) Habitual or excessive use or addiction to alcohol,
7    narcotics, stimulants, or any other chemical agent or drug
8    that results in an inability to practice with reasonable
9    skill, judgment, or safety.
10        (24) Being named as a perpetrator in an indicated
11    report by the Department on Aging under the Adult
12    Protective Services Act, and upon proof by clear and
13    convincing evidence that the licensee has caused an adult
14    with disabilities or an older adult to be abused or
15    neglected as defined in the Adult Protective Services Act.
16        (25) Willfully failing to report an instance of
17    suspected abuse, neglect, financial exploitation, or
18    self-neglect of an adult with disabilities or an older
19    adult as required by the Adult Protective Services Act.
20        (26) Willful omission to file or record, or willfully
21    impeding the filing or recording, or inducing another
22    person to omit to file or record medical reports as
23    required by law or willfully failing to report an instance
24    of suspected child abuse or neglect as required by the
25    Abused and Neglected Child Reporting Act.
26        (27) Practicing under a false or assumed name, except

 

 

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1    as provided by law.
2        (28) Willfully or negligently violating the
3    confidentiality between licensee and patient, except as
4    required by law.
5        (29) The use of any false, fraudulent, or deceptive
6    statement in any document connected with the licensee's
7    practice.
8    (b) The determination by a court that a licensee is subject
9to involuntary admission or judicial admission as provided in
10the Mental Health and Developmental Disabilities Code will
11result in an automatic suspension of his or her license. The
12suspension will end upon a finding by a court that the licensee
13is no longer subject to involuntary admission or judicial
14admission, the issuance of an order so finding and discharging
15the patient, and the recommendation of the Board to the
16Secretary Director that the licensee be allowed to resume his
17or her practice.
18    All fines imposed under this Section shall be paid within
1960 days after the effective date of the order imposing the fine
20or in accordance with the terms set forth in the order imposing
21the fine.
22(Source: P.A. 98-49, eff. 7-1-13.)
 
23    (225 ILCS 106/100)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 100. Violations; injunctions; cease and desist order.

 

 

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1    (a) If a person violates any provision of this Act, the
2Secretary Director may, in the name of the People of the State
3of Illinois, through the Attorney General, petition for an
4order enjoining the violation or an order enforcing compliance
5with this Act. Upon the filling of a verified petition, the
6court with appropriate jurisdiction may issue a temporary
7restraining order without notice or bond and may preliminarily
8and permanently enjoin the violation. If it is established that
9the person has violated or is violating the injunction, the
10court may punish the offender for contempt of court.
11Proceedings under this Section are in addition to all other
12remedies and penalties provided by this Act.
13    (b) If a person holds himself or herself out as being a
14respiratory care practitioner under this Act and is not
15licensed to do so, then any licensed respiratory care
16practitioner, interested party, or injured person may petition
17for relief as provided in subsection (a) of this Section.
18    (c) Whenever, in the opinion of the Department, a person
19violates any provision of this Act, the Department may issue a
20rule to show cause why an order to cease and desist should not
21be entered against that person. The rule shall clearly set
22forth the grounds relied upon by the Department and shall allow
23at least 7 days from the date of the rule to file an answer
24satisfactory to the Department. Failure to answer to the
25satisfaction of the Department shall cause an order to cease
26and desist to be issued.

 

 

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1(Source: P.A. 89-33, eff. 1-1-96.)
 
2    (225 ILCS 106/105)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 105. Investigations; notice; hearing. The Department
5may investigate the actions of an applicant, a licensee, or a
6person claiming to hold a license. The Department shall, before
7revoking, suspending, placing on probation, reprimanding, or
8taking any other disciplinary action under Section 95 of this
9Act, at least 30 days before the date set for the hearing (i)
10notify the accused, in writing, of any charges made and the
11time and place for the hearing on the charges, (ii) direct him
12or her to file a written answer to the charges with the Board
13under oath within 20 days after the service upon him or her of
14the notice, and (iii) inform the accused that, if he or she
15fails to answer, default will be taken against him or her and
16or his or her license or certificate may be suspended, revoked,
17placed on probationary status, or other disciplinary action
18taken with regard to the license, including limiting the scope,
19nature, or extent of his or her practice, without a hearing, as
20the Department may consider proper. In case the person, after
21receiving notice, fails to file an answer, his or her license
22may, in the discretion of the Department, be suspended,
23revoked, placed on probationary status, or the Department may
24take whatever disciplinary action is considered proper,
25including, limiting the scope, nature, or extent of the

 

 

09900SB0973sam001- 29 -LRB099 05440 MLM 34322 a

1person's practice or the imposition of a fine, without a
2hearing, if the act or acts charged constitute sufficient
3grounds for an action under this Act. The written notice may be
4served by personal delivery or certified mail to the address of
5record specified by the accused in his or her last notification
6to the Department.
7(Source: P.A. 89-33, eff. 1-1-96.)
 
8    (225 ILCS 106/110)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 110. Record of proceedings; transcript. The
11Department, at its expense, shall preserve the record of all
12proceedings at a formal hearing of any case. The notice of
13hearing, complaint, all other documents in the nature of
14pleadings and written motions filed in the proceedings, the
15transcript of testimony, the report of the Board and orders of
16the Department shall be in the record of the proceedings. The
17Department shall furnish a transcript of the record to any
18person interested in the hearing upon payment of the fee
19required under Section 2105-115 of the Department of
20Professional Regulation Law (20 ILCS 2105/2105-115).
21(Source: P.A. 91-239, eff. 1-1-00.)
 
22    (225 ILCS 106/115)
23    (Section scheduled to be repealed on January 1, 2016)
24    Sec. 115. Subpoena; depositions; oaths. The Department has

 

 

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1the power to subpoena and to bring before it any person,
2exhibit, book, document, record, file, or any other material
3and to take testimony either orally or by deposition, or both,
4with the same fees and mileage and in the same manner as
5proscribed in civil cases in the courts of this State.
6    The Secretary Director, the designated hearing officer,
7and every member of the Board has the power to administer oaths
8to witnesses at any hearing which the Department is authorized
9to conduct, and any other oaths authorized in any Act
10administered by the Department.
11(Source: P.A. 89-33, eff. 1-1-96.)
 
12    (225 ILCS 106/125)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 125. Findings and recommendations. At the conclusion
15of the hearing, the Board shall present to the Secretary
16Director a written report of its findings of fact, conclusions
17of law, and recommendations. The report shall contain a finding
18of whether the licensee violated this Act or failed to comply
19with the conditions required in this Act. The Board shall
20specify the nature of the violation or failure to comply, and
21shall make its recommendations to the Secretary Director.
22    The report of findings of fact, conclusions of law, and
23recommendations of the Board shall be the basis for the
24Department's order for refusal or for the granting of a license
25or for any other disciplinary action. If the Secretary Director

 

 

09900SB0973sam001- 31 -LRB099 05440 MLM 34322 a

1disagrees with the recommendation of the Board, the Secretary
2Director may issue an order in contravention of the Board's
3recommendation. The Secretary Director shall provide a written
4report to the Board on any disagreement and shall specify the
5reasons for the action in the final order. The report of
6findings of fact is not admissible in evidence against the
7person in a criminal prosecution brought for violation of this
8Act, but the hearing and findings of fact are not a bar to a
9criminal prosecution brought for the violation of this Act.
10(Source: P.A. 89-33, eff. 1-1-96.)
 
11    (225 ILCS 106/130)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 130. Board; rehearing. In any case involving the
14refusal to issue or renew a registration, or the discipline of
15a registrant, a copy of the Board's report shall be served upon
16the respondent by the Department, either personally or as
17provided in this Act for the service of the notice of hearing.
18Within 20 calendar days after service of the notice, the
19respondent may present to the Department a motion in writing
20for a rehearing. The motion shall specify the particular
21grounds for rehearing. If no motion for rehearing is filed,
22then upon the expiration of the time specified for filing a
23motion (or, if a motion for rehearing is denied, then upon
24denial) the Secretary Director may enter an order in accordance
25with recommendation of the Board, except as provided in Section

 

 

09900SB0973sam001- 32 -LRB099 05440 MLM 34322 a

1135 45. If the respondent orders from the reporting service,
2and pays for a transcript of the record within the time for
3filing a motion for rehearing, the 20 calendar day period
4within which a motion may be filed shall commence upon the
5delivery of the transcript to the respondent.
6(Source: P.A. 89-33, eff. 1-1-96.)
 
7    (225 ILCS 106/135)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 135. Secretary Director; rehearing. Whenever the
10Secretary Director believes that substantial justice has not
11been done in the revocation, suspension, refusal to issue or
12renew a license, or any other the discipline of an applicant or
13a licensee, he or she may order a rehearing by the same or
14other hearing officers.
15(Source: P.A. 89-33, eff. 1-1-96.)
 
16    (225 ILCS 106/140)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 140. Appointment of a hearing officer. The Secretary
19Director has the authority to appoint an attorney, licensed to
20practice law in the State of Illinois, to serve as a hearing
21officer in any action for refusal to issue or renew a license
22or to discipline a licensee. The hearing officer has full
23authority to conduct the hearing. A At least one member or
24members of the Board may shall attend hearings each hearing.

 

 

09900SB0973sam001- 33 -LRB099 05440 MLM 34322 a

1The hearing officer shall report his or her findings of fact,
2conclusions of law, and recommendations to the Board and to the
3Secretary Director. The Board shall have 60 calendar days from
4receipt of the report to review it and to present its findings
5of fact, conclusions of law, and recommendations to the
6Secretary Director. If the Board does not present its report
7within the 60 day period, the Secretary Director may issue an
8order based on the report of the hearing officer. If the
9Secretary Director disagrees with the recommendation of the
10Board or the hearing officer, the Secretary Director may issue
11an order in contravention of the recommendation.
12    The Secretary Director shall promptly provide notice a
13written explanation to the Board of on any such disagreement.
14(Source: P.A. 89-33, eff. 1-1-96.)
 
15    (225 ILCS 106/145)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 145. Order or certified copy; prima facie proof. An
18order or a certified copy thereof, over the seal of the
19Department and purporting to be signed by the Secretary
20Director, is prima facie proof that:
21    (1) the signature is the genuine signature of the Secretary
22Director;
23    (2) the Secretary Director is duly appointed and qualified;
24and
25    (3) the Board and its the members thereof are qualified to

 

 

09900SB0973sam001- 34 -LRB099 05440 MLM 34322 a

1act.
2(Source: P.A. 89-33, eff. 1-1-96.)
 
3    (225 ILCS 106/150)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 150. Restoration of suspended or revoked license. At
6any time after the successful completion of a term of
7probation, suspension or revocation of any license, the
8Department may restore the license to the licensee upon the
9written recommendation of the Board, unless after an
10investigation and hearing the Board determines that
11restoration is not in the public interest.
12(Source: P.A. 89-33, eff. 1-1-96.)
 
13    (225 ILCS 106/160)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 160. Summary suspension of license. The Secretary
16Director may summarily suspend the license of a respiratory
17care practitioner without a hearing, simultaneously with the
18institution of proceedings for a hearing provided for in
19Section 105 of this Act, if the Secretary Director finds that
20evidence in his or her possession indicates that the
21continuation of practice by the respiratory care practitioner
22would constitute an imminent danger to the public. In the event
23that the Secretary Director summarily suspends the license of
24respiratory care practitioner an individual without a hearing,

 

 

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1a hearing must be commenced held within 30 calendar days after
2the suspension has occurred and concluded as expeditiously as
3practical.
4(Source: P.A. 89-33, eff. 1-1-96.)
 
5    (225 ILCS 106/170)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 170. Administrative review; certification
8Certification of record; costs.
9    All final administrative decisions of the Department are
10subject to judicial review pursuant to the Administrative
11Review Law and its rules. The term "administrative decision" is
12defined as in Section 3-101 of the Code of Civil Procedure.
13    Proceedings for judicial review shall be commenced in the
14circuit court of the county in which the party applying for
15review resides, but if the party is not a resident of this
16State, the venue shall be in Sangamon County.
17    The Department shall not be required to certify any record
18to the court, or file an answer in court, or otherwise appear
19in any court in a judicial review proceeding, unless and until
20the Department has received from the plaintiff payment of the
21costs of furnishing and certifying the record, which costs
22shall be determined by the Department there is filed in the
23court, with the complaint, a receipt from the Department
24acknowledging payment of the costs of furnishing and certifying
25the record. Exhibits shall be certified without cost. Failure

 

 

09900SB0973sam001- 36 -LRB099 05440 MLM 34322 a

1on the part of the plaintiff to file a receipt is grounds for
2dismissal of the action. During the pendency and hearing of any
3and all judicial proceedings incident to the disciplinary
4action, the sanctions imposed upon the accused by the
5Department specified in the Department's final administrative
6decision shall, as a matter of public policy, remain in full
7force and effect in order to protect the public pending final
8resolution of any of the proceedings.
9(Source: P.A. 89-33, eff. 1-1-96.)
 
10    (225 ILCS 106/180)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 180. Illinois Administrative Procedure Act;
13application. The Illinois Administrative Procedure Act is
14hereby expressly adopted and incorporated in this Act as if all
15of the provisions of the Act were included in this Act, except
16that the provision of paragraph (d) of Section 10-65 of the
17Illinois Administrative Procedure Act, which provides that at
18hearings the registrant or licensee has the right to show
19compliance with all lawful requirements for retention or
20continuation or renewal of the license, is specifically
21excluded. For the purpose of this Act, the notice required
22under Section 10-25 of the Illinois Administrative Procedure
23Act is considered sufficient when mailed to address of record
24of the licensee or applicant.
25(Source: P.A. 89-33, eff. 1-1-96.)
 

 

 

09900SB0973sam001- 37 -LRB099 05440 MLM 34322 a

1    (225 ILCS 106/190 new)
2    Sec. 190. Consent order. At any point in the proceedings as
3provided in Sections 90 through 105 and Section 125, both
4parties may agree to a negotiated consent order. The consent
5order shall be final upon signature of the Secretary.
 
6    (225 ILCS 106/195 new)
7    Sec. 195. Confidentiality. All information collected by
8the Department in the course of an examination or investigation
9of a licensee or applicant, including, but not limited to, any
10complaint against a licensee filed with the Department and
11information collected to investigate any such complaint, shall
12be maintained for the confidential use of the Department and
13shall not be disclosed. The Department shall not disclose the
14information to anyone other than law enforcement officials,
15regulatory agencies that have an appropriate regulatory
16interest as determined by the Secretary, or a party presenting
17a lawful subpoena to the Department. Information and documents
18disclosed to a federal, State, county, or local law enforcement
19agency shall not be disclosed by the agency for any purpose to
20any other agency or person. A formal complaint filed against a
21licensee by the Department or any order issued by the
22Department against a licensee or applicant shall be a public
23record, except as otherwise prohibited by law.
 

 

 

09900SB0973sam001- 38 -LRB099 05440 MLM 34322 a

1    Section 99. Effective date. This Act takes effect upon
2becoming law.".