093_HB3146eng HB3146 Engrossed LRB093 07790 AMC 07979 b 1 AN ACT concerning professional regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Registered Surgical Assistant and Registered Surgical 6 Technologist Title Protection Act. 7 Section 5. Legislative purpose. Given the nature of the 8 surgical assistant's and surgical technologist's roles in the 9 operating room and the implications for patient safety and 10 quality care, it is in the public interest to ensure that 11 qualified personnel accomplish these roles. The purpose of 12 this Act is to protect and benefit the public by setting 13 standards of qualifications, education, training, and 14 experience for those who seek to hold the title of registered 15 surgical assistant and registered surgical technologist. 16 Section 10. Definitions. As used in this Act: 17 "Board" means the Board of Perfusion and Surgical 18 Assisting. 19 "Department" means the Department of Professional 20 Regulation. 21 "Direct supervision" means supervision by an operating 22 physician who is physically present and who personally 23 directs delegated acts and remains immediately available to 24 personally respond to an emergency until the patient is 25 released from the operating room or care and has been 26 transferred to another physician. 27 "Director" means the Director of Professional Regulation. 28 "Physician" or "operating physician" means a person 29 licensed to practice medicine in all of its branches under 30 the Medical Practice Act of 1987. HB3146 Engrossed -2- LRB093 07790 AMC 07979 b 1 "Registered surgical assistant" means a person who (i) is 2 not licensed to practice medicine in all of its branches, 3 (ii) is certified by the National Surgical Assistant 4 Association on the Certification of Surgical Assistants, the 5 Liaison Council on Certification for the Surgical 6 Technologist as a certified first assistant, or the American 7 Board of Surgical Assisting, and (iii) is registered under 8 this Act. A surgical assistant may provide aid to operating 9 physicians in exposure, hemostats, and other technical 10 functions as described in Section 50 of this Act that will 11 help an operating physician to perform a safe operation with 12 optimal results for the patient. 13 "Registered surgical technologist" means a person who (i) 14 is not a physician licensed to practice medicine in all of 15 its branches, (ii) is certified by the Liaison Council on 16 Certification for the Surgical Technologist, and (iii) is 17 registered under this Act to facilitate the safe and 18 effective conduct of invasive surgical procedures. A 19 surgical technologist may ensure that the operating room or 20 environment is safe, that equipment functions properly, and 21 that the operative procedure is conducted under conditions 22 that maximize patient safety. A surgical technologist shall 23 possess expertise in the theory and application of sterile 24 aseptic technique and combines the knowledge of human 25 anatomy, surgical procedures, and implementation tools and 26 technologies to facilitate the operating physician's 27 performance of invasive therapeutic and diagnostic 28 procedures. 29 Section 15. Powers and duties of the Department. 30 (a) The Department shall exercise the powers and duties 31 prescribed by the Civil Administrative Code of Illinois and 32 shall exercise any other powers and duties necessary for 33 effectuating the purposes of this Act. HB3146 Engrossed -3- LRB093 07790 AMC 07979 b 1 (b) The Department may adopt rules consistent with the 2 provisions of this Act for its administration and enforcement 3 and may prescribe forms that shall be issued in connection 4 with this Act. The rules may include but are not limited to 5 standards and criteria for registration, professional 6 conduct, and discipline. 7 Section 20. Illinois Administrative Procedure Act; rules. 8 (a) The Illinois Administrative Procedure Act is 9 expressly adopted and incorporated in this Act as if all of 10 the provisions of the Illinois Administrative Procedure Act 11 were included in this Act, except that the provision of 12 subsection (d) of Section 10-65 of the Illinois 13 Administrative Procedure Act that provides that at hearings 14 the registrant has the right to show compliance with all 15 lawful requirements for retention, continuation, or renewal 16 of the registration is specifically excluded. For purposes of 17 this Act, the notice required under Section 10-25 of the 18 Illinois Administrative Procedure Act is deemed sufficient 19 when mailed to the last known address of a party. 20 (b) The Director may promulgate rules for the 21 administration and enforcement of this Act and may prescribe 22 forms to be issued in connection with this Act. 23 Section 25. Application for registration. An 24 application for an initial registration shall be made to the 25 Department in writing on forms prescribed by the Department 26 and shall be accompanied by the required nonrefundable fee. 27 An application shall require information that, in the 28 judgment of the Department, will enable the Department to 29 evaluate the qualifications of an applicant for registration. 30 If an applicant fails to obtain a certificate of 31 registration under this Act within 3 years after filing his 32 or her application, the application shall be denied. The HB3146 Engrossed -4- LRB093 07790 AMC 07979 b 1 applicant may make a new application, which shall be 2 accompanied by the required nonrefundable fee. 3 Section 30. Social Security Number on registration 4 application. In addition to any other information required 5 to be contained in the application, every application for an 6 original, renewal, or restored certificate of registration 7 under this Act shall include the applicant's Social Security 8 Number. 9 Section 35. Title protection. No person shall hold 10 himself or herself out as a surgical assistant or surgical 11 technologist without being so registered by the Department. 12 Section 40. Application of Act. This Act shall not be 13 construed to prohibit the following: 14 (1) A person licensed in this State under any other 15 Act from engaging in the practice for which he or she is 16 licensed, including but not limited to a physician 17 assistant or nurse performing surgery-related tasks 18 within the scope of his or her license, nor are these 19 individuals required to be registered under this Act. 20 (2) A person from engaging in practice as a 21 surgical assistant or surgical technologist in the 22 discharge of his or her official duties as an employee of 23 the United States government. 24 (3) One or more registered surgical assistants from 25 forming a professional service corporation in accordance 26 with the Professional Service Corporation Act and 27 applying for licensure as a corporation providing 28 surgical assistant services. 29 (4) A student engaging in practice as a surgical 30 assistant or surgical technologist under the direct 31 supervision of a physician licensed to practice medicine HB3146 Engrossed -5- LRB093 07790 AMC 07979 b 1 in all of its branches as part of his or her program of 2 study at a school approved by the Department or in 3 preparation to qualify for the examination as prescribed 4 under Sections 50 and 55 of this Act. 5 (5) A person from assisting in surgery at an 6 operating physician's discretion. 7 (6) A hospital, health system or network, or other 8 organization that provides surgery-related services from 9 employing individuals that the organization considers 10 competent to assist in surgery. These entities are not 11 required to utilize registered surgical assistants or 12 registered surgical technologists when providing 13 surgery-related services to their patients. 14 Section 45. Scope of practice of a surgical assistant. 15 (a) The practice of a surgical assistant includes the 16 following as long as the surgical assistant is working under 17 the direct supervision of an operating physician: 18 (1) positioning of the patient; 19 (2) preparation and draping of the patient for the 20 operative procedure; 21 (3) visualization of the operative site during the 22 operative procedure; 23 (4) provision of the best possible exposure of the 24 anatomy incident to the procedure; 25 (5) assisting in closure of incisions and wound 26 dressings; and 27 (6) performance of any task required by the surgeon 28 incident to the particular procedure being performed. 29 (b) Nothing in this Act shall be construed to allow 30 surgical assistants to administer any type of medication. 31 Section 50. Registration requirements; surgical 32 assistant. A person shall qualify for registration as a HB3146 Engrossed -6- LRB093 07790 AMC 07979 b 1 surgical assistant if he or she has applied in writing on the 2 prescribed form, has paid the required fees, and meets all of 3 the following requirements: 4 (1) Is at least 21 years of age. 5 (2) Has not violated a provision of Section 95 of 6 this Act. In addition the Department may take into 7 consideration any felony conviction of the applicant, but 8 a conviction shall not operate as an absolute bar to 9 registration. 10 (3) Has completed a medical education program 11 approved by the Department or has graduated from a United 12 States Military Program that emphasized surgical 13 assisting. 14 (4) Has successfully completed a national 15 certifying examination approved by the Department. 16 (5) Has submitted a notarized letter from a 17 sponsoring physician verifying the surgical assistant's 18 expertise in each specialty in which the surgical 19 assistant will be working. 20 (6) Is currently certified by the National Surgical 21 Assistant Association on the Certification of Surgical 22 Assistants, the Liaison Council on Certification for the 23 Surgical Technologist as a certified first assistant, or 24 the American Board of Surgical Assisting. 25 Section 55. Registration requirements; surgical 26 technologist. A person shall qualify for registration as a 27 surgical technologist if he or she has applied in writing on 28 the prescribed form, has paid the required fees, and meets 29 all of the following requirements: 30 (1) Is at least 18 years of age. 31 (2) Has not violated a provision of Section 95 of 32 this Act. In addition the Department may take into 33 consideration any felony conviction of the applicant, but HB3146 Engrossed -7- LRB093 07790 AMC 07979 b 1 a conviction shall not operate as an absolute bar to 2 registration. 3 (3) Has completed a surgical technologist program 4 approved by the Department. 5 (4) Has successfully completed the surgical 6 technologist national certification examination provided 7 by the Liaison Council on Certification for the Surgical 8 Technologist or its successor agency. 9 (6) Is currently certified by the Liaison Council 10 on Certification for the Surgical Technologist or its 11 successor agency and has met the requirements set forth 12 for certification. 13 Section 60. Supervision requirement. A person 14 registered under this Act shall practice as a surgical 15 assistant only under the direct supervision of the operating 16 physician. 17 Section 65. Expiration; restoration; renewal. The 18 expiration date and renewal period for each certificate of 19 registration issued under this Act shall be set by the 20 Department by rule. Renewal shall be conditioned on paying 21 the required fee and meeting other requirements as may be 22 established by rule. 23 A registrant who has permitted his or her 24 registration to expire or who has had his or her 25 registration on inactive status may have the registration 26 restored by making application to the Department, by 27 filing proof acceptable to the Department of his or her 28 fitness to have the registration restored, and by 29 paying the required fees. Proof of fitness may include 30 sworn evidence certifying to active lawful practice in 31 another jurisdiction. 32 If the registrant has not maintained an active practice HB3146 Engrossed -8- LRB093 07790 AMC 07979 b 1 in another jurisdiction satisfactory to the Department, 2 the Department shall determine, by an evaluation program 3 established by rule, his or her fitness for 4 restoration of the registration and shall establish 5 procedures and requirements for restoration. However, a 6 registrant whose registration expired while he or she was 7 (1) in federal service on active duty with the Armed Forces 8 of the United States or the State Militia called into 9 service or training or (2) in training or education under 10 the supervision of the United States before induction 11 into the military service, may have the registration restored 12 without paying any lapsed renewal fees if within 2 years 13 after honorable termination of the service, training, or 14 education he or she furnishes the Department with 15 satisfactory evidence to the effect that he or she has 16 been so engaged and that his or her service, training, or 17 education has been so terminated. 18 Section 70. Inactive status. A registrant who notified 19 the Department in writing on forms prescribed by the 20 Department may elect to place his or her registration on 21 inactive status and shall, subject to rules of the 22 Department, be excused from payment of renewal fees until he 23 or she notifies the Department in writing of his or her 24 intention to restore the registration. A registrant 25 requesting restoration from inactive status shall pay the 26 current renewal fee and shall restore his or her registration 27 in accordance with Section 65 of this Act. A registrant whose 28 license is on inactive status shall not hold himself or 29 herself out as a registered surgical assistant or registered 30 surgical technologist. To do so shall be grounds for 31 discipline under Section 80 of this Act. 32 Section 75. Fees; returned checks. HB3146 Engrossed -9- LRB093 07790 AMC 07979 b 1 (a) The Department shall set by rule fees for the 2 administration of this Act, including but not limited to fees 3 for initial and renewal registration and restoration of a 4 certificate of registration. 5 (b) A person who delivers a check or other payment 6 to the Department that is returned to the Department 7 unpaid by the financial institution upon which it 8 is drawn shall pay to the Department, in addition to the 9 amount already owed to the Department, a fine of $50. The 10 fines imposed by this Section are in addition to any 11 other discipline provided under this Act. The Department 12 shall notify the person that fees and fines shall be paid to 13 the Department by certified check or money order 14 within 30 calendar days of the notification. If, after the 15 expiration of 30 days from the date of the notification, the 16 person has failed to submit the necessary remittance, the 17 Department shall automatically terminate the registration or 18 deny the application without a hearing. If the person seeks 19 a license after termination or denial, he or she shall apply 20 to the Department for restoration or issuance of the license 21 and pay all fees and fines due to the Department. The 22 Department may establish a fee for the processing of an 23 application for restoration of a license to defray the 24 expenses of processing the application. The Director may 25 waive the fines due under this Section in individual cases if 26 the Director finds that the fines would be unreasonable or 27 unnecessarily burdensome. 28 (c) All of the fees and fines collected under this Act 29 shall be deposited into the General Professions Dedicated 30 Fund. All moneys in the Fund shall be used by the Department, 31 as appropriated, for the ordinary and contingent expenses of 32 the Department. 33 Section 80. Grounds for disciplinary action. HB3146 Engrossed -10- LRB093 07790 AMC 07979 b 1 (a) The Department may refuse to issue, renew, or 2 restore a registration, may revoke or suspend a registration, 3 or may place on probation, censure, reprimand, or take other 4 disciplinary action with regard to a person registered under 5 this Act, including but not limited to the imposition of 6 fines not to exceed $5,000 for each violation, for any one or 7 combination of the following causes: 8 (1) Making a material misstatement in furnishing 9 information to the Department. 10 (2) Violating a provision of this Act or its rules. 11 (3) Conviction under the laws of a United States 12 jurisdiction of a crime that is a felony or a 13 misdemeanor, an essential element of which is dishonesty, 14 or of a crime that is directly related to the practice as 15 a surgical assistant. 16 (4) Making a misrepresentation for the purpose of 17 obtaining, renewing, or restoring a registration. 18 (5) Wilfully aiding or assisting another person in 19 violating a provision of this Act or its rules. 20 (6) Failing to provide information within 60 days 21 in response to a written request made by the Department. 22 (7) Engaging in dishonorable, unethical, or 23 unprofessional conduct of a character likely to deceive, 24 defraud, or harm the public, as defined by rule of the 25 Department. 26 (8) Discipline by another United States 27 jurisdiction or foreign nation, if at least one of the 28 grounds for discipline is the same or substantially 29 equivalent to those set forth in this Section. 30 (9) Directly or indirectly giving to or receiving 31 from a person, firm, corporation, partnership, or 32 association a fee, commission, rebate, or other form of 33 compensation for professional services not actually or 34 personally rendered. HB3146 Engrossed -11- LRB093 07790 AMC 07979 b 1 (10) A finding by the Department that the 2 registrant, after having his or her registration placed 3 on probationary status, has violated the terms of 4 probation. 5 (11) Wilfully making or filing false records or 6 reports in his or her practice, including but not limited 7 to false records or reports filed with State agencies. 8 (12) Wilfully making or signing a false statement, 9 certificate, or affidavit to induce payment. 10 (13) Wilfully failing to report an instance of 11 suspected child abuse or neglect as required under the 12 Abused and Neglected Child Reporting Act. 13 (14) Being named as a perpetrator in an indicated 14 report by the Department of Children and Family Services 15 under the Abused and Neglected Child Reporting Act and 16 upon proof by clear and convincing evidence that the 17 licensee has caused a child to be an abused child or 18 neglected child as defined in the Abused and Neglected 19 Child Reporting Act. 20 (15) Employment of fraud, deception, or any 21 unlawful means in applying for or securing a license as a 22 surgical assistant. 23 (16) Failure to report to the Department (A) any 24 adverse final action taken against the licensee by 25 another licensing jurisdiction, government agency, law 26 enforcement agency, or any court or (B) liability for 27 conduct that would constitute grounds for action as set 28 forth in this Section. 29 (17) Habitual intoxication or addiction to the use 30 of drugs. 31 (18) Physical illness, including but not limited to 32 deterioration through the aging process or loss of motor 33 skills, which results in the inability to practice the 34 profession for which he or she is registered with HB3146 Engrossed -12- LRB093 07790 AMC 07979 b 1 reasonable judgment, skill, or safety. 2 (19) Gross malpractice resulting in permanent 3 injury or death of a patient. 4 (20) Immoral conduct in the commission of an act 5 related to the registrant's practice, including but not 6 limited to sexual abuse, sexual misconduct, or sexual 7 exploitation. 8 (21) Violation of the Health Care Worker 9 Self-Referral Act. 10 (b) The Department may refuse to issue or may suspend 11 the registration of a person who fails to file a return, to 12 pay the tax, penalty, or interest shown in a filed return, or 13 to pay a final assessment of the tax, penalty, or interest as 14 required by a tax Act administered by the Department of 15 Revenue, until the requirements of the tax Act are satisfied. 16 (c) The determination by a circuit court that a 17 registrant is subject to involuntary admission or judicial 18 admission as provided in the Mental Health and Developmental 19 Disabilities Code operates as an automatic suspension. The 20 suspension will end only upon (1) a finding by a court that 21 the patient is no longer subject to involuntary admission or 22 judicial admission, (2) issuance of an order so finding and 23 discharging the patient, and (3) the recommendation of the 24 Department to the Director that the registrant be allowed to 25 resume his or her practice. 26 Section 85. Cease and desist order. 27 (a) If a person violates a provision of this Act, the 28 Director, in the name of the People of the State of Illinois 29 through the Attorney General of the State of Illinois, or the 30 State's Attorney of a county in which the violation occurs, 31 may petition for an order enjoining the violation or for an 32 order enforcing compliance with this Act. Upon the filing of 33 a verified petition in court, the court may issue a temporary HB3146 Engrossed -13- LRB093 07790 AMC 07979 b 1 restraining order without notice or bond and may 2 preliminarily and permanently enjoin the violation. If it is 3 established that the registrant has violated or is violating 4 the injunction, the court may punish the offender for 5 contempt of court. Proceedings under this Section shall be 6 in addition to, and not in lieu of, all other remedies and 7 penalties provided by this Act. 8 (b) If a person holds himself or herself out as a 9 surgical assistant or surgical technologist without being 10 registered under this Act, then any registrant under this 11 Act, interested party, or person injured thereby, in addition 12 to the Director or State's Attorney, may petition for relief 13 as provided in subsection (a) of this Section. 14 (c) If the Department determines that a person violated 15 a provision of this Act, the Department may issue a rule to 16 show cause why an order to cease and desist should not be 17 entered against him or her. The rule shall clearly set forth 18 the grounds relied upon by the Department and shall provide a 19 period of 7 days from the date of the rule to file an answer 20 to the satisfaction of the Department. Failure to answer to 21 the satisfaction of the Department shall cause an order to 22 cease and desist to be issued immediately. 23 Section 90. Investigation; notice; hearing. 24 Certificates of registration may be refused, revoked, 25 suspended, or otherwise disciplined in the manner provided by 26 this Act and not otherwise. The Department may upon its own 27 motion and shall upon the verified complaint in writing of 28 any person setting forth facts that if proven would 29 constitute grounds for refusal to issue or for suspension or 30 revocation under this Act, investigate the actions of a 31 person applying for, holding, or claiming to hold a 32 certificate of registration. The Department shall, before 33 refusing to issue or renew, suspending, or revoking a HB3146 Engrossed -14- LRB093 07790 AMC 07979 b 1 certificate of registration or taking other discipline 2 pursuant to Section 80 of this Act, and at least 30 days 3 prior to the date set for the hearing, notify in writing the 4 applicant or licensee of any charges made, shall afford the 5 applicant or registration an opportunity to be heard in 6 person or by counsel in reference to the charges, and direct 7 the applicant or registrant to file a written answer to the 8 Department under oath within 20 days after the service of the 9 notice and inform the applicant or registrant that failure to 10 file an answer will result in default being taken against the 11 applicant or registrant and that the certificate of 12 registration may be suspended, revoked, placed on 13 probationary status, or other disciplinary action may be 14 taken, including limiting the scope, nature, or extent of 15 practice, as the Director may deem proper. Written notice 16 may be served by personal delivery to the applicant or 17 registrant or by mailing the notice by certified mail to his 18 or her last known place of residence or to the place of 19 business last specified by the applicant or registrant in his 20 or her last notification to the Department. If the person 21 fails to file an answer after receiving notice, his or her 22 certificate of registration may, in the discretion of the 23 Department, be suspended, revoked, or placed on probationary 24 status or the Department may take whatever disciplinary 25 action deemed proper, including limiting the scope, nature, 26 or extent of the person's practice or the imposition of a 27 fine, without a hearing, if the act or acts charged 28 constitute sufficient grounds for such action under this Act. 29 At the time and place fixed in the notice, the Department 30 shall proceed to hearing of the charges and both the 31 applicant or registrant and the complainant shall be afforded 32 ample opportunity to present, in person or by counsel, any 33 statements, testimony, evidence, and arguments that may be 34 pertinent to the charges or to their defense. The Department HB3146 Engrossed -15- LRB093 07790 AMC 07979 b 1 may continue a hearing from time to time. The Department may 2 continue a hearing for a period not to exceed 30 days. 3 Section 95. Record of proceedings. The Department, at its 4 expense, shall preserve a record of all proceedings at a 5 formal hearing conducted pursuant to Section 90 of this Act. 6 The notice of hearing, complaint, and all other documents in 7 the nature of pleadings and written motions filed in the 8 proceedings, the transcript of testimony, the report of the 9 Department or hearing officer, and orders of the Department 10 shall be the record of the proceeding. The Department shall 11 supply a transcript of the record to a person interested in 12 the hearing on payment of the fee required under Section 13 2105-115 of the Department of Professional Regulation Law of 14 the Civil Administrative Code of Illinois. 15 Section 100. Order for production of documents. A circuit 16 court may, upon application of the Department or its 17 designee, or of the applicant or registration against whom 18 proceedings pursuant to Section 90 of this Act are pending, 19 enter an order requiring the attendance of witnesses and 20 their testimony and the production of documents, papers, 21 files, books, and records in connection with a hearing or 22 investigation authorized by this Act. The court may compel 23 obedience to its order through contempt proceedings. 24 Section 105. Subpoena power. The Department has the power 25 to subpoena and bring before it any person in this State and 26 to take testimony orally or by deposition, with the same fees 27 and mileage and in the same manner as prescribed by law in 28 judicial proceedings in civil cases in circuit courts of this 29 State. The Director shall have the authority to administer, 30 at any hearing that the Department is authorized to conduct 31 under this Act, oaths to witnesses and any other oaths HB3146 Engrossed -16- LRB093 07790 AMC 07979 b 1 authorized to be administered by the Department under this 2 Act. 3 Section 110. Disciplinary report. At the conclusion of 4 the hearing, the Department shall present to the Director a 5 written report of its findings of fact, conclusions of law, 6 and recommendations. In the report, the Department shall 7 make a finding of whether or not the charged registrant or 8 applicant violated a provision of this Act or its rules and 9 shall specify the nature of the violation. In making its 10 recommendations for discipline, the Department may take into 11 consideration all facts and circumstances bearing upon the 12 reasonableness of the conduct of the respondent and the 13 potential for future harm to the public, including but not 14 limited to previous discipline of that respondent by the 15 Department, intent, degree of harm to the public and 16 likelihood of harm in the future, any restitution made, and 17 whether the incident or incidents complained of appear to be 18 isolated or a pattern of conduct. In making its 19 recommendations for discipline, the Department shall seek to 20 ensure that the severity of the discipline recommended bears 21 some reasonable relationship to the severity of the 22 violation. 23 Section 115. Motion for rehearing. In a case involving 24 the refusal to issue or renew a registration or the 25 discipline of a registrant, a copy of the Department's report 26 shall be served upon the respondent by the Department, 27 either personally or as provided under Section 20 of this Act 28 for the service of the notice of hearing. Within 20 days 29 after the service, the respondent may present to the 30 Department a motion in writing for a rehearing, which shall 31 specify the particular grounds for a rehearing. If no motion 32 for rehearing is filed, then upon the expiration of the HB3146 Engrossed -17- LRB093 07790 AMC 07979 b 1 time specified for filing the motion, or if a motion for 2 rehearing is denied, then upon the denial the Director may 3 enter an order in accordance with recommendations of 4 the Department, except as provided in Section 120 or 125 of 5 this Act. If the respondent orders a transcript of the 6 record from the reporting service and pays for the transcript 7 within the time for filing a motion for rehearing, the 20-day 8 period within which such a motion may be filed shall commence 9 upon the delivery of the transcript to the respondent. 10 Section 120. Order of Director. 11 (a) The Director shall issue an order concerning the 12 disposition of the charges (i) following the expiration of 13 the filing period granted under Section 115 of this Act if no 14 motion for rehearing is filed or (ii) following a denial of a 15 timely motion for rehearing. 16 (b) The Director's order shall be based on the 17 recommendations contained in the Department report unless, 18 after giving due consideration to the Department's report, 19 the Director disagrees in any regard with the report of the 20 Department, in which case he or she may issue an order in 21 contravention of the report. The Director shall provide a 22 written report to the Department on any deviation from the 23 Department's report and shall specify with particularity the 24 reasons for his or her deviation in the final order. The 25 Department's report and Director's order are not admissible 26 in evidence against the person in a criminal prosecution 27 brought for a violation of this Act, but the hearing, report, 28 and order are not a bar to a criminal prosecution brought for 29 the violation of this Act. 30 Section 125. Hearing officer. The Director shall have the 31 authority to appoint an attorney licensed to practice law in 32 this State to serve as the hearing officer in a hearing HB3146 Engrossed -18- LRB093 07790 AMC 07979 b 1 authorized under Section 90 of this Act. The hearing officer 2 shall have full authority to conduct the hearing. The 3 hearing officer shall report his or her findings of fact, 4 conclusions of law, and recommendations to the Department. If 5 the Director disagrees in any regard with the report of the 6 Department, he or she may issue an order in contravention of 7 the report. The Director shall provide a written explanation 8 to the Department on a deviation from the Department's report 9 and shall specify with particularity the reasons for his or 10 her deviation in the final order. 11 Section 130. Rehearing on order of Director. Whenever the 12 Director is not satisfied that substantial justice has been 13 achieved in the discipline of a registration, the Director 14 may order a rehearing by the same or another hearing officer. 15 Section 135. Order; prima facie proof. An order or a 16 certified copy of an order, over the seal of the Department 17 and purporting to be signed by the Director, shall be prima 18 facie proof that: 19 (1) the signature is the genuine signature of the 20 Director; and 21 (2) the Director is duly appointed and qualified. 22 Section 140. Restoration of registration. At any time 23 after the suspension or revocation of a certificate of 24 registration, the Department may restore it to the registrant 25 unless, after an investigation and a hearing, the Department 26 determines that restoration is not in the public interest. 27 Where circumstances of suspension or revocation so indicate, 28 the Department may require an examination of the registrant 29 before restoring his or her certificate of registration. 30 Section 145. Surrender of certificate of registration. HB3146 Engrossed -19- LRB093 07790 AMC 07979 b 1 Upon the revocation or suspension of a certificate of 2 registration, the registrant shall immediately surrender the 3 certificate of registration to the Department. If the 4 registrant fails to do so, the Department shall have the 5 right to seize the certificate of registration. 6 Section 150. Temporary suspension. The Director may 7 temporarily suspend the registration of a surgical assistant 8 without a hearing, simultaneously with the institution of 9 proceedings for a hearing provided for in Section 90 of this 10 Act, if the Director finds that evidence in his or her 11 possession indicates that continuation in practice would 12 constitute an imminent danger to the public. If the Director 13 temporarily suspends a license without a hearing, a hearing 14 by the Department shall be held within 30 days after the 15 suspension has occurred and shall be concluded without 16 appreciable delay. 17 Section 155. Certificate of record. The Department shall 18 not be required to certify any record to a court or file an 19 answer in court or otherwise appear in a court in a judicial 20 review proceeding unless there is filed in the court, with 21 the complaint, a receipt from the Department acknowledging 22 payment of the costs of furnishing and certifying the record. 23 Failure on the part of the plaintiff to file a receipt in 24 court shall be grounds for dismissal of the action. 25 Section 160. Administrative Review Law. All final 26 administrative decisions of the Department are subject to 27 judicial review under the Administrative Review Law and its 28 rules. The term "administrative decision" is defined as in 29 Section 3-101 of the Code of Civil Procedure. Proceedings for 30 judicial review shall be commenced in the circuit court of 31 the county in which the party seeking review resides. If the HB3146 Engrossed -20- LRB093 07790 AMC 07979 b 1 party seeking review is not a resident of this State, venue 2 shall be in Sangamon County. 3 Section 165. Criminal penalties. A person who is found 4 to have knowingly violated Section 35 of this Act is guilty 5 of a Class A misdemeanor for a first offense and is guilty of 6 a Class 4 felony for a second or subsequent offense. 7 Section 170. Civil penalties. 8 (a) In addition to any other penalty provided by law, a 9 person who violates Section 35 of this Act shall pay a civil 10 penalty to the Department in an amount not to exceed $5,000 11 for each offense as determined by the Department. The civil 12 penalty shall be assessed by the Department after a 13 hearing is held in accordance with the provisions set forth 14 in this Act regarding a hearing for the discipline of a 15 licensee. 16 (b) The Department has the authority and power to 17 investigate any and all unregistered activity. 18 (c) The civil penalty assessed under this Act shall be 19 paid within 60 days after the effective date of the order 20 imposing the civil penalty. The order shall constitute a 21 judgment and may be filed and execution had on the judgment 22 in the same manner as a judgment from a court of record. 23 Section 175. Home rule powers. The regulation of 24 surgical assistants and surgical technologists is an 25 exclusive power and function of the State. A home rule unit 26 shall not regulate surgical assistants or surgical 27 technologists. This Section is a limitation under subsection 28 (h) of Section 6 of Article VII of the Illinois Constitution. 29 Section 900. The Regulatory Sunset Act is amended by 30 changing Section 4.24 as follows: HB3146 Engrossed -21- LRB093 07790 AMC 07979 b 1 (5 ILCS 80/4.24) 2 Sec. 4.24. Acts repealed on January 1, 2014. The 3 following Acts are repealed on January 1, 2014: 4 The Electrologist Licensing Act. 5 The Illinois Public Accounting Act. 6 The Registered Surgical Assistant and Registered Surgical 7 Technologist Title Protection Act. 8 (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.) 9 Section 960. The Perfusionist Licensing Act is amended by 10 changing Sections 10 and 25 as follows: 11 (225 ILCS 125/10) 12 (Section scheduled to be repealed on January 1, 2010) 13 Sec. 10. Definitions. As used in this Act: 14 "Board" means the Board of Perfusion and Surgical 15 Assisting. 16 "Department" means the Department of Professional 17 Regulation. 18 "Director" means the Director of Professional Regulation. 19 "Extracorporeal circulation" means the diversion of a 20 patient's blood through a heart-lung machine or a similar 21 device that assumes the functions of the patient's heart, 22 lungs, kidney, liver, or other organs. 23 "New graduate perfusionist" means a perfusionist 24 practicing within a period of one year since the date of 25 graduation from a Commission on Accreditation of Allied 26 Health Education Programs accredited perfusion education 27 program. 28 "Perfusion" means the functions necessary for the 29 support, treatment, measurement, or supplementation of the 30 cardiovascular systems or other organs, or a combination of 31 those functions, and to ensure the safe management of 32 physiologic functions by monitoring and analyzing the HB3146 Engrossed -22- LRB093 07790 AMC 07979 b 1 parameters of the systems under an order and under the 2 supervision of a physician licensed to practice medicine in 3 all its branches. 4 "Perfusionist" means a person, qualified by academic and 5 clinical education, to operate the extracorporeal circulation 6 equipment during any medical situation where it is necessary 7 to support or replace a person's cardiopulmonary, 8 circulatory, or respiratory function. A perfusionist is 9 responsible for the selection of appropriate equipment and 10 techniques necessary for support, treatment, measurement, or 11 supplementation of the cardiopulmonary and circulatory system 12 of a patient, including the safe monitoring, analysis, and 13 treatment of physiologic conditions under an order and under 14 the supervision of a physician licensed to practice medicine 15 in all its branches and in coordination with a registered 16 professional nurse. 17 "Perfusion protocols" means perfusion related policies 18 and protocols developed or approved by a licensed health 19 facility or a physician through collaboration with 20 administrators, licensed perfusionists, and other health care 21 professionals. 22 "Physician" or "operating physician" means a person 23 licensed to practice medicine in all of its branches under 24 the Medical Practice Act of 1987. 25 (Source: P.A. 91-580, eff. 1-1-00.) 26 (225 ILCS 125/25) 27 Sec. 25. Board of Perfusion and Surgical Assisting. The 28 Director shall appoint a Board of Perfusion and Surgical 29 Assisting to consist of 7
5persons who shall be appointed by 30 and shall serve in an advisory capacity to the Director. Two 31 members must hold an active license to engage in the practice 32 of perfusion in this State, one member must be a physician 33 licensed under the Medical Practice Act of 1987 who is board HB3146 Engrossed -23- LRB093 07790 AMC 07979 b 1 certified in and actively engaged in the practice of 2 cardiothoracic surgery, one member must be a licensed 3 registered professional nurse certified by the Association of 4 Operating Room Nurses, one member must be actively registered 5 as a surgical assistant under the Registered Surgical 6 Assistant and Registered Surgical Technologist Title 7 Protection Act, one member must be actively registered as a 8 surgical technologist under the Registered Surgical Assistant 9 and Registered Surgical Technologist Title Protection Act, 10 and one member must be a member of the public who is not 11 licensed under this Act, the Registered Surgical Assistant 12 and Registered Surgical Technologist Title Protection Act, or 13 a similar Act of another jurisdiction and who has no 14 connection with the profession. The initial appointees who 15 would otherwise be required to be licensed perfusionists 16 shall instead be individuals who have been practicing 17 perfusion for at least 5 years and who are eligible under 18 this Act for licensure as perfusionists. 19 Members shall serve 4-year terms and until their 20 successors are appointed and qualified, except that, of the 21 initial appointments, 2 members shall be appointed to serve 22 for 2 years, 2 members shall be appointed to serve for 3 23 years, and 3 members 1 membershall be appointed to serve for 24 4 years, and until their successors are appointed and 25 qualified. No member shall be reappointed to the Board for a 26 term that would cause his or her continuous service on the 27 Board to be longer than 8 consecutive years. Appointments to 28 fill vacancies shall be made in the same manner as original 29 appointments for the unexpired portion of the vacated term. 30 Initial terms shall begin upon the effective date of this 31 Act. 32 The Board shall annually elect a chairperson and a 33 vice-chairperson who shall preside in the absence of the 34 chairperson. The membership of the Board should reasonably HB3146 Engrossed -24- LRB093 07790 AMC 07979 b 1 reflect representation from the various geographic areas in 2 this State. The Director may terminate the appointment of 3 any member for cause. The Director may give due 4 consideration to all recommendations of the Board. A 5 majority of the Board members currently appointed shall 6 constitute a quorum. A vacancy in the membership of the 7 Board shall not impair the right of a quorum to exercise the 8 rights and perform all the duties of the Board. Members of 9 the Board shall have no liability in any action based upon 10 any disciplinary proceeding or other activity performed in 11 good faith as a member of the Board. 12 (Source: P.A. 91-580, eff. 1-1-00.) 13 Section 999. Effective date. This Act takes effect 14 January 1, 2004.