LRB093 07790 AMC 12439 a

 1                    AMENDMENT TO HOUSE BILL 3146

 2        AMENDMENT NO.     .  Amend House Bill 3146  by  replacing
 3    everything after the enacting clause with the following:

 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
                            -2-      LRB093 07790 AMC 12439 a
 1    physician  who  is  physically  present  and  who  personally
 2    directs  delegated  acts and remains immediately available to
 3    personally respond to  an  emergency  until  the  patient  is
 4    released  from  the  operating  room  or  care  and  has been
 5    transferred to another physician.
 6        "Director" means the Director of Professional Regulation.
 7        "Physician"  or  "operating  physician"  means  a  person
 8    licensed to practice medicine in all of  its  branches  under
 9    the Medical Practice Act of 1987.
10        "Registered surgical assistant" means a person who (i) is
11    not  licensed  to  practice  medicine in all of its branches,
12    (ii)  is  certified  by  the  National   Surgical   Assistant
13    Association  on the Certification of Surgical Assistants, the
14    Liaison  Council  on     Certification   for   the   Surgical
15    Technologist  as a certified first assistant, or the American
16    Board of Surgical Assisting, and (iii)  is  registered  under
17    this  Act.  A surgical assistant may provide aid to operating
18    physicians in  exposure,    hemostats,  and  other  technical
19    functions  as  described  in Section 50 of this Act that will
20    help an operating physician to perform a safe operation  with
21    optimal results for the  patient.
22        "Registered surgical technologist" means a person who (i)
23    is  not  a physician licensed to practice  medicine in all of
24    its branches, (ii) is certified by  the  Liaison  Council  on
25    Certification  for  the  Surgical  Technologist, and (iii) is
26    registered  under  this  Act  to  facilitate  the  safe   and
27    effective   conduct   of  invasive  surgical  procedures.   A
28    surgical technologist may ensure that the operating  room  or
29    environment  is  safe, that equipment functions properly, and
30    that the operative procedure is  conducted  under  conditions
31    that  maximize patient safety.  A surgical technologist shall
32    possess expertise in the theory and  application  of  sterile
33    aseptic   technique  and  combines  the  knowledge  of  human
34    anatomy, surgical procedures, and  implementation  tools  and
                            -3-      LRB093 07790 AMC 12439 a
 1    technologies   to   facilitate   the   operating  physician's
 2    performance   of   invasive   therapeutic   and    diagnostic
 3    procedures.

 4        Section 15.  Powers and duties of the Department.
 5        (a)  The  Department shall exercise the powers and duties
 6    prescribed by the Civil Administrative Code of  Illinois  and
 7    shall  exercise  any  other  powers  and duties necessary for
 8    effectuating the purposes of this Act.
 9        (b)  The Department may adopt rules consistent  with  the
10    provisions of this Act for its administration and enforcement
11    and  may  prescribe  forms that shall be issued in connection
12    with this Act. The rules may include but are not  limited  to
13    standards   and   criteria   for  registration,  professional
14    conduct, and discipline.

15        Section 20. Illinois Administrative Procedure Act; rules.
16        (a)  The  Illinois  Administrative   Procedure   Act   is
17    expressly  adopted  and incorporated in this Act as if all of
18    the provisions of the Illinois Administrative  Procedure  Act
19    were  included  in  this  Act,  except  that the provision of
20    subsection   (d)   of   Section   10-65   of   the   Illinois
21    Administrative Procedure Act that provides that  at  hearings
22    the  registrant  has  the  right  to show compliance with all
23    lawful requirements for retention, continuation,  or  renewal
24    of the registration is specifically excluded. For purposes of
25    this  Act,  the  notice  required  under Section 10-25 of the
26    Illinois Administrative Procedure Act  is  deemed  sufficient
27    when mailed to the last known address of a party.
28        (b)  The   Director   may   promulgate   rules   for  the
29    administration and enforcement of this Act and may  prescribe
30    forms to be issued in connection with this Act.

31        Section    25.    Application   for   registration.    An
                            -4-      LRB093 07790 AMC 12439 a
 1    application for an initial registration shall be made to  the
 2    Department  in  writing on forms prescribed by the Department
 3    and shall be accompanied by the required  nonrefundable  fee.
 4    An   application  shall  require  information  that,  in  the
 5    judgment of the Department, will  enable  the  Department  to
 6    evaluate the qualifications of an applicant for registration.
 7        If   an  applicant  fails  to  obtain  a  certificate  of
 8    registration under this Act within 3 years after  filing  his
 9    or  her  application,  the  application shall be denied.  The
10    applicant  may  make  a  new  application,  which  shall   be
11    accompanied by the required nonrefundable fee.

12        Section   30.  Social  Security  Number  on  registration
13    application.  In addition to any other  information  required
14    to be contained in the application, every  application for an
15    original,  renewal,  or  restored certificate of registration
16    under this Act shall include the applicant's Social  Security
17    Number.

18        Section  35.   Title  protection.   No  person shall hold
19    himself or herself out as a surgical  assistant  or  surgical
20    technologist without being so registered by the Department.

21        Section  40.   Application of Act.  This Act shall not be
22    construed to prohibit the following:
23             (1)  A person licensed in this State under any other
24        Act from engaging in  the practice for which he or she is
25        licensed,  including  but  not  limited  to  a  physician
26        assistant  or  nurse  performing  surgery-related   tasks
27        within  the  scope  of  his or her license, nor are these
28        individuals required to be registered under this Act.
29             (2)  A  person  from  engaging  in  practice  as   a
30        surgical   assistant  or  surgical  technologist  in  the
31        discharge of his or her official duties as an employee of
                            -5-      LRB093 07790 AMC 12439 a
 1        the United States government.
 2             (3)  One or more registered surgical assistants from
 3        forming a professional  service corporation in accordance
 4        with  the  Professional  Service  Corporation   Act   and
 5        applying   for   licensure  as  a  corporation  providing
 6        surgical assistant services.
 7             (4)  A student engaging in practice  as  a  surgical
 8        assistant  or  surgical  technologist  under  the  direct
 9        supervision  of a physician licensed to practice medicine
10        in all of its branches as part of his or her  program  of
11        study  at  a  school  approved  by  the  Department or in
12        preparation to qualify for the examination as  prescribed
13        under Sections 50 and 55 of this Act.
14             (5)  A  person  from  assisting  in  surgery  at  an
15        operating physician's discretion.
16             (6)  A  hospital, health system or network, or other
17        organization that provides surgery-related services  from
18        employing  individuals  that  the  organization considers
19        competent to assist in surgery.  These entities  are  not
20        required  to  utilize  registered  surgical assistants or
21        registered   surgical   technologists   when    providing
22        surgery-related services to their patients.

23        Section 45.  Scope of practice of a surgical assistant.
24        (a)  The  practice  of  a surgical assistant includes the
25    following as long as the  surgical assistant is working under
26    the direct supervision of an operating physician:
27             (1)  positioning of the patient;
28             (2)  preparation and draping of the patient for  the
29        operative procedure;
30             (3)  visualization  of the operative site during the
31        operative procedure;
32             (4)  provision of the best possible exposure of  the
33        anatomy incident to the procedure;
                            -6-      LRB093 07790 AMC 12439 a
 1             (5)  assisting  in  closure  of  incisions and wound
 2        dressings; and
 3             (6)  performance of any task required by the surgeon
 4        incident to the particular procedure being performed.
 5        (b)  Nothing in this Act  shall  be  construed  to  allow
 6    surgical assistants to administer any type of medication.

 7        Section    50.    Registration   requirements;   surgical
 8    assistant.  A person shall  qualify  for  registration  as  a
 9    surgical assistant if he or she has applied in writing on the
10    prescribed form, has paid the required fees, and meets all of
11    the following requirements:
12             (1)  Is at least 21 years of age.
13             (2)  Has  not  violated a provision of Section 95 of
14        this Act.  In  addition  the  Department  may  take  into
15        consideration any felony conviction of the applicant, but
16        a    conviction  shall  not operate as an absolute bar to
17        registration.
18             (3)  Has  completed  a  medical  education   program
19        approved by the Department or has graduated from a United
20        States   Military   Program   that   emphasized  surgical
21        assisting.
22             (4)  Has   successfully   completed    a    national
23        certifying examination approved by the Department.
24             (5)  Has   submitted   a  notarized  letter  from  a
25        sponsoring physician verifying the  surgical  assistant's
26        expertise   in  each  specialty  in  which  the  surgical
27        assistant will be working.
28             (6)  Is currently certified by the National Surgical
29        Assistant Association on the  Certification  of  Surgical
30        Assistants,  the Liaison Council on Certification for the
31        Surgical Technologist as a certified first assistant,  or
32        the American Board of Surgical Assisting.
                            -7-      LRB093 07790 AMC 12439 a
 1        Section    55.    Registration   requirements;   surgical
 2    technologist.  A person shall qualify for  registration as  a
 3    surgical  technologist if he or she has applied in writing on
 4    the prescribed form, has paid the required  fees,  and  meets
 5    all of the following requirements:
 6             (1)  Is at least 18 years of age.
 7             (2)  Has  not  violated a provision of Section 95 of
 8        this Act.  In  addition  the  Department  may  take  into
 9        consideration any felony conviction of the applicant, but
10        a    conviction  shall  not operate as an absolute bar to
11        registration.
12             (3)  Has completed a surgical  technologist  program
13        approved by the Department.
14             (4)  Has   successfully   completed   the   surgical
15        technologist  national certification examination provided
16        by the Liaison Council on Certification for the  Surgical
17        Technologist or its successor agency.
18             (6)  Is  currently  certified by the Liaison Council
19        on Certification for the  Surgical  Technologist  or  its
20        successor  agency  and has met the requirements set forth
21        for certification.

22        Section   60.    Supervision   requirement.    A   person
23    registered under  this  Act  shall  practice  as  a  surgical
24    assistant  only under the direct supervision of the operating
25    physician.

26        Section  65.   Expiration;   restoration;  renewal.   The
27    expiration date and renewal period for  each  certificate  of
28    registration  issued  under  this  Act  shall be  set  by the
29    Department by rule.  Renewal shall be conditioned  on  paying
30    the  required  fee  and  meeting other requirements as may be
31    established by rule.
32        A  registrant  who   has    permitted    his    or    her
                            -8-      LRB093 07790 AMC 12439 a
 1    registration   to   expire   or  who   has   had   his or her
 2    registration on  inactive status may  have  the  registration
 3    restored   by   making   application   to  the Department, by
 4    filing proof acceptable to  the  Department  of  his  or  her
 5    fitness   to   have   the   registration  restored,   and  by
 6    paying the required fees.  Proof  of  fitness   may   include
 7    sworn   evidence  certifying   to  active  lawful practice in
 8    another jurisdiction.
 9        If the registrant has not maintained  an  active practice
10    in another jurisdiction  satisfactory   to   the  Department,
11    the  Department  shall   determine, by an  evaluation program
12    established    by   rule,   his   or   her      fitness   for
13    restoration   of   the   registration   and  shall  establish
14    procedures  and  requirements  for  restoration.  However,  a
15    registrant whose registration expired while  he  or  she  was
16    (1)  in  federal service on active duty with the Armed Forces
17    of the  United  States  or  the  State Militia  called   into
18    service  or  training  or  (2) in training or education under
19    the  supervision  of  the  United   States  before  induction
20    into the military service, may have the registration restored
21    without  paying any lapsed renewal  fees if  within  2  years
22    after  honorable  termination  of  the service, training,  or
23    education   he   or   she  furnishes  the   Department   with
24    satisfactory  evidence  to  the effect  that  he or  she  has
25    been  so  engaged  and that his or her service, training,  or
26    education has been so terminated.

27        Section  70.  Inactive status.  A registrant who notified
28    the  Department  in  writing  on  forms  prescribed  by   the
29    Department  may  elect  to place  his  or her registration on
30    inactive   status   and   shall,   subject    to rules of the
31    Department,  be excused from payment of renewal fees until he
32    or she notifies the Department  in  writing  of  his  or  her
33    intention  to  restore   the   registration.   A   registrant
                            -9-      LRB093 07790 AMC 12439 a
 1    requesting  restoration  from  inactive  status shall pay the
 2    current renewal fee and shall restore his or her registration
 3    in accordance with Section 65 of this Act. A registrant whose
 4    license is on inactive  status  shall  not  hold  himself  or
 5    herself  out as a registered surgical assistant or registered
 6    surgical  technologist.   To  do  so  shall  be  grounds  for
 7    discipline under Section 80 of this Act.

 8        Section 75.  Fees; returned checks.
 9        (a)  The Department  shall  set  by  rule  fees  for  the
10    administration of this Act, including but not limited to fees
11    for  initial  and  renewal  registration and restoration of a
12    certificate of registration.
13        (b)  A person   who delivers  a  check or  other  payment
14    to  the  Department  that  is  returned   to  the  Department
15    unpaid   by   the   financial institution    upon  which   it
16    is  drawn  shall  pay  to  the Department, in addition to the
17    amount already  owed  to  the Department,  a fine of $50. The
18    fines  imposed  by  this  Section  are  in  addition  to  any
19    other  discipline  provided  under  this Act. The  Department
20    shall notify the person that fees and fines shall be  paid to
21    the  Department   by   certified   check   or   money   order
22    within 30 calendar days of the notification.  If,  after  the
23    expiration of  30 days from the date of the notification, the
24    person  has  failed to submit the  necessary  remittance, the
25    Department shall automatically terminate the registration  or
26    deny  the application without a hearing.  If the person seeks
27    a license after termination or denial, he or she shall  apply
28    to  the Department for restoration or issuance of the license
29    and pay all fees  and  fines  due  to  the  Department.   The
30    Department  may  establish   a  fee  for the processing of an
31    application for  restoration  of  a  license  to  defray  the
32    expenses  of  processing  the  application.  The Director may
33    waive the fines due under this Section in individual cases if
                            -10-     LRB093 07790 AMC 12439 a
 1    the Director finds that the fines would  be  unreasonable  or
 2    unnecessarily burdensome.
 3        (c)  All  of  the fees and fines collected under this Act
 4    shall be deposited into  the  General  Professions  Dedicated
 5    Fund. All moneys in the Fund shall be used by the Department,
 6    as  appropriated, for the ordinary and contingent expenses of
 7    the Department.

 8        Section 80. Grounds for disciplinary action.
 9        (a)  The  Department  may  refuse  to  issue,  renew,  or
10    restore a registration, may revoke or suspend a registration,
11    or may place on probation, censure, reprimand, or take  other
12    disciplinary  action with regard to a person registered under
13    this Act, including but not  limited  to  the  imposition  of
14    fines not to exceed $5,000 for each violation, for any one or
15    combination of the following causes:
16             (1)  Making  a  material  misstatement in furnishing
17        information to the Department.
18             (2)  Violating a provision of this Act or its rules.
19             (3)  Conviction under the laws of  a  United  States
20        jurisdiction   of   a   crime  that  is  a  felony  or  a
21        misdemeanor, an essential element of which is dishonesty,
22        or of a crime that is directly related to the practice as
23        a surgical assistant.
24             (4)  Making a misrepresentation for the  purpose  of
25        obtaining, renewing, or restoring a registration.
26             (5)  Wilfully  aiding or assisting another person in
27        violating a provision of this Act or its rules.
28             (6)  Failing to provide information within  60  days
29        in response to a written request made by the Department.
30             (7)  Engaging   in   dishonorable,   unethical,   or
31        unprofessional  conduct of a character likely to deceive,
32        defraud, or harm the public, as defined by  rule  of  the
33        Department.
                            -11-     LRB093 07790 AMC 12439 a
 1             (8)  Discipline    by    another    United    States
 2        jurisdiction  or  foreign  nation, if at least one of the
 3        grounds for  discipline  is  the  same  or  substantially
 4        equivalent to those set forth in this Section.
 5             (9)  Directly  or  indirectly giving to or receiving
 6        from  a  person,  firm,  corporation,   partnership,   or
 7        association  a  fee, commission, rebate, or other form of
 8        compensation for professional services  not  actually  or
 9        personally rendered.
10             (10)  A   finding   by   the   Department  that  the
11        registrant, after having his or her  registration  placed
12        on   probationary  status,  has  violated  the  terms  of
13        probation.
14             (11)  Wilfully making or  filing  false  records  or
15        reports in his or her practice, including but not limited
16        to false records or reports filed with State agencies.
17             (12)  Wilfully  making or signing a false statement,
18        certificate, or affidavit to induce payment.
19             (13)  Wilfully failing  to  report  an  instance  of
20        suspected  child  abuse  or neglect as required under the
21        Abused and Neglected Child Reporting Act.
22             (14)  Being named as a perpetrator in  an  indicated
23        report  by the Department of Children and Family Services
24        under the Abused and Neglected Child  Reporting  Act  and
25        upon  proof  by  clear  and  convincing evidence that the
26        licensee has caused a child to  be  an  abused  child  or
27        neglected  child  as  defined in the Abused and Neglected
28        Child Reporting Act.
29             (15)  Employment  of  fraud,   deception,   or   any
30        unlawful means in applying for or securing a license as a
31        surgical assistant.
32             (16)  Failure  to  report  to the Department (A) any
33        adverse  final  action  taken  against  the  licensee  by
34        another licensing jurisdiction,  government  agency,  law
                            -12-     LRB093 07790 AMC 12439 a
 1        enforcement  agency,  or  any  court or (B) liability for
 2        conduct that would constitute grounds for action  as  set
 3        forth in this Section.
 4             (17)  Habitual  intoxication or addiction to the use
 5        of drugs.
 6             (18)  Physical illness, including but not limited to
 7        deterioration through the aging process or loss of  motor
 8        skills,  which  results  in the inability to practice the
 9        profession  for  which  he  or  she  is  registered  with
10        reasonable judgment, skill, or safety.
11             (19)  Gross  malpractice  resulting   in   permanent
12        injury or death of a patient.
13             (20)  Immoral  conduct  in  the commission of an act
14        related to the registrant's practice, including  but  not
15        limited  to  sexual  abuse,  sexual misconduct, or sexual
16        exploitation.
17             (21)  Violation the Health Care Worker Self-Referral
18        Act.
19        (b)  The Department may refuse to issue  or  may  suspend
20    the  registration  of a person who fails to file a return, to
21    pay the tax, penalty, or interest shown in a filed return, or
22    to pay a final assessment of the tax, penalty, or interest as
23    required by a tax  Act  administered  by  the  Department  of
24    Revenue, until the requirements of the tax Act are satisfied.
25        (c)    The  determination  by  a  circuit  court  that  a
26    registrant is subject to involuntary  admission  or  judicial
27    admission  as provided in the Mental Health and Developmental
28    Disabilities Code operates as an  automatic  suspension.  The
29    suspension  will  end only upon (1) a finding by a court that
30    the patient is no longer subject to involuntary admission  or
31    judicial  admission,  (2) issuance of an order so finding and
32    discharging the patient, and (3) the  recommendation  of  the
33    Department  to the Director that the registrant be allowed to
34    resume his or her practice.
                            -13-     LRB093 07790 AMC 12439 a
 1        Section 85.  Cease and desist order.
 2        (a)  If a person violates a provision of  this  Act,  the
 3    Director,  in the name of the People of the State of Illinois
 4    through the Attorney General of the State of Illinois, or the
 5    State's Attorney of a county in which the  violation  occurs,
 6    may  petition  for an order enjoining the violation or for an
 7    order enforcing compliance with this Act. Upon the filing  of
 8    a verified petition in court, the court may issue a temporary
 9    restraining   order   without   notice   or   bond   and  may
10    preliminarily and permanently enjoin the violation. If it  is
11    established  that the registrant has violated or is violating
12    the  injunction,  the  court  may  punish  the  offender  for
13    contempt of court.  Proceedings under this Section  shall  be
14    in  addition  to,  and not in lieu of, all other remedies and
15    penalties provided by this Act.
16        (b)  If a person  holds  himself  or  herself  out  as  a
17    surgical  assistant  or  surgical  technologist without being
18    registered under this Act, then  any  registrant  under  this
19    Act, interested party, or person injured thereby, in addition
20    to  the Director or State's Attorney, may petition for relief
21    as provided in subsection (a) of this Section.
22        (c)  If the Department determines that a person  violated
23    a  provision  of this Act, the Department may issue a rule to
24    show cause why an order to cease and  desist  should  not  be
25    entered  against him or her. The rule shall clearly set forth
26    the grounds relied upon by the Department and shall provide a
27    period of 7 days from the date of the rule to file an  answer
28    to  the satisfaction of the Department.  Failure to answer to
29    the satisfaction of the Department shall cause  an  order  to
30    cease and desist to be issued immediately.

31        Section      90.  Investigation;     notice;     hearing.
32    Certificates  of  registration  may  be   refused,   revoked,
33    suspended, or otherwise disciplined in the manner provided by
                            -14-     LRB093 07790 AMC 12439 a
 1    this  Act and not otherwise.  The Department may upon its own
 2    motion and shall upon the verified complaint  in  writing  of
 3    any   person   setting  forth  facts  that  if  proven  would
 4    constitute grounds for refusal to issue or for suspension  or
 5    revocation  under  this  Act,  investigate  the  actions of a
 6    person  applying  for,  holding,  or  claiming  to   hold   a
 7    certificate  of  registration.  The  Department shall, before
 8    refusing  to  issue  or  renew,  suspending,  or  revoking  a
 9    certificate  of  registration  or  taking  other   discipline
10    pursuant  to  Section  80  of  this Act, and at least 30 days
11    prior to the date set for the hearing, notify in writing  the
12    applicant  or  licensee of any charges made, shall afford the
13    applicant or registration  an  opportunity  to  be  heard  in
14    person  or by counsel in reference to the charges, and direct
15    the applicant or registrant to file a written answer  to  the
16    Department under oath within 20 days after the service of the
17    notice and inform the applicant or registrant that failure to
18    file an answer will result in default being taken against the
19    applicant   or   registrant   and  that  the  certificate  of
20    registration   may   be   suspended,   revoked,   placed   on
21    probationary status, or  other  disciplinary  action  may  be
22    taken,  including  limiting  the  scope, nature, or extent of
23    practice, as the Director may deem  proper.   Written  notice
24    may  be  served  by  personal  delivery  to  the applicant or
25    registrant or by mailing the notice by certified mail to  his
26    or  her  last  known  place  of  residence or to the place of
27    business last specified by the applicant or registrant in his
28    or her last notification to the Department.   If  the  person
29    fails  to  file  an answer after receiving notice, his or her
30    certificate of registration may, in  the  discretion  of  the
31    Department,  be suspended, revoked, or placed on probationary
32    status or  the  Department  may  take  whatever  disciplinary
33    action  deemed  proper, including limiting the scope, nature,
34    or extent of the person's practice or  the  imposition  of  a
                            -15-     LRB093 07790 AMC 12439 a
 1    fine,   without  a  hearing,  if  the  act  or  acts  charged
 2    constitute sufficient grounds for such action under this Act.
 3    At the time and place fixed in  the  notice,  the  Department
 4    shall  proceed  to  hearing  of  the  charges  and  both  the
 5    applicant or registrant and the complainant shall be afforded
 6    ample  opportunity  to  present, in person or by counsel, any
 7    statements, testimony, evidence, and arguments  that  may  be
 8    pertinent to the charges or to their defense.  The Department
 9    may  continue a hearing from time to time. The Department may
10    continue a hearing for a period not to exceed 30 days.

11        Section 95. Record of proceedings. The Department, at its
12    expense, shall preserve a record  of  all  proceedings  at  a
13    formal  hearing conducted pursuant to Section 90 of this Act.
14    The notice of hearing, complaint, and all other documents  in
15    the  nature  of  pleadings  and  written motions filed in the
16    proceedings, the transcript of testimony, the report  of  the
17    Department  or  hearing officer, and orders of the Department
18    shall be the record of the proceeding. The  Department  shall
19    supply  a  transcript of the record to a person interested in
20    the hearing on payment of  the  fee  required  under  Section
21    2105-115  of the Department of Professional Regulation Law of
22    the Civil Administrative Code of Illinois.

23        Section 100. Order for production of documents. A circuit
24    court  may,  upon  application  of  the  Department  or   its
25    designee,  or  of  the applicant or registration against whom
26    proceedings pursuant to Section 90 of this Act  are  pending,
27    enter  an  order  requiring  the  attendance of witnesses and
28    their testimony and  the  production  of  documents,  papers,
29    files,  books,  and  records  in connection with a hearing or
30    investigation authorized by this Act.  The court  may  compel
31    obedience to its order through contempt proceedings.
                            -16-     LRB093 07790 AMC 12439 a
 1        Section 105. Subpoena power. The Department has the power
 2    to  subpoena and bring before it any person in this State and
 3    to take testimony orally or by deposition, with the same fees
 4    and mileage and in the same manner as prescribed  by  law  in
 5    judicial proceedings in civil cases in circuit courts of this
 6    State.  The  Director shall have the authority to administer,
 7    at any hearing that the Department is authorized  to  conduct
 8    under  this  Act,  oaths  to  witnesses  and any  other oaths
 9    authorized to be administered by the  Department  under  this
10    Act.

11        Section  110.   Disciplinary report. At the conclusion of
12    the hearing, the Department shall present to the  Director  a
13    written  report  of its findings of fact, conclusions of law,
14    and recommendations.  In the  report,  the  Department  shall
15    make  a  finding  of whether or not the charged registrant or
16    applicant violated a provision of this Act or its  rules  and
17    shall  specify  the  nature  of  the violation. In making its
18    recommendations for discipline, the Department may take  into
19    consideration  all  facts  and circumstances bearing upon the
20    reasonableness of the  conduct  of  the  respondent  and  the
21    potential  for  future  harm to the public, including but not
22    limited to previous discipline  of  that  respondent  by  the
23    Department,   intent,  degree  of  harm  to  the  public  and
24    likelihood of harm in the future, any restitution  made,  and
25    whether  the incident or incidents complained of appear to be
26    isolated  or  a   pattern   of   conduct.   In   making   its
27    recommendations  for discipline, the Department shall seek to
28    ensure that the severity of the discipline recommended  bears
29    some   reasonable   relationship   to  the  severity  of  the
30    violation.

31        Section 115.  Motion for rehearing.  In a case  involving
32    the  refusal   to    issue  or  renew  a  registration or the
                            -17-     LRB093 07790 AMC 12439 a
 1    discipline of a registrant, a copy of the Department's report
 2    shall be served upon  the  respondent   by   the  Department,
 3    either personally or as provided under Section 20 of this Act
 4    for  the  service  of the notice of hearing.  Within 20  days
 5    after  the  service,  the  respondent  may  present  to   the
 6    Department  a  motion in writing for a rehearing, which shall
 7    specify the particular grounds for a rehearing. If no  motion
 8    for   rehearing  is   filed,  then upon the expiration of the
 9    time specified for filing the motion,  or  if  a  motion  for
10    rehearing  is  denied, then upon the denial the Director  may
11    enter  an  order  in accordance   with   recommendations   of
12    the  Department,  except as provided in Section 120 or 125 of
13    this  Act.   If the  respondent  orders a transcript  of  the
14    record from the reporting service and pays for the transcript
15    within the time for filing a motion for rehearing, the 20-day
16    period within which such a motion may be filed shall commence
17    upon the delivery  of  the transcript to the respondent.

18        Section 120.  Order of Director.
19        (a)   The  Director  shall  issue an order concerning the
20    disposition of the charges (i) following  the  expiration  of
21    the filing period granted under Section 115 of this Act if no
22    motion for rehearing is filed or (ii) following a denial of a
23    timely motion for rehearing.
24        (b)    The   Director's  order  shall  be  based  on  the
25    recommendations contained in the  Department  report  unless,
26    after  giving  due  consideration to the Department's report,
27    the Director disagrees in any regard with the report  of  the
28    Department,  in  which  case  he or she may issue an order in
29    contravention of the report. The  Director  shall  provide  a
30    written  report  to  the Department on any deviation from the
31    Department's report and shall specify with particularity  the
32    reasons  for  his  or  her deviation in the final order.  The
33    Department's report and Director's order are  not  admissible
                            -18-     LRB093 07790 AMC 12439 a
 1    in  evidence  against  the  person  in a criminal prosecution
 2    brought for a violation of this Act, but the hearing, report,
 3    and order are not a bar to a criminal prosecution brought for
 4    the violation of this Act.

 5        Section 125. Hearing officer. The Director shall have the
 6    authority to appoint an attorney licensed to practice law  in
 7    this  State  to  serve  as  the  hearing officer in a hearing
 8    authorized under Section 90 of this Act. The hearing  officer
 9    shall  have  full  authority  to  conduct  the  hearing.  The
10    hearing officer shall report his or  her  findings  of  fact,
11    conclusions of law, and recommendations to the Department. If
12    the  Director  disagrees in any regard with the report of the
13    Department, he or she may issue an order in contravention  of
14    the report. The  Director shall provide a written explanation
15    to the Department on a deviation from the Department's report
16    and  shall  specify with particularity the reasons for his or
17    her deviation in the final order.

18        Section 130. Rehearing on order of Director. Whenever the
19    Director is not satisfied that substantial justice  has  been
20    achieved  in  the  discipline of a registration, the Director
21    may order a rehearing by the same or another hearing officer.

22        Section 135. Order; prima facie  proof.  An  order  or  a
23    certified  copy of an order, over the seal of  the Department
24    and purporting to be signed by the Director, shall  be  prima
25    facie proof that:
26        (1)  the  signature  is  the  genuine  signature  of  the
27    Director; and
28        (2)  the Director is duly appointed and qualified.

29        Section  140.  Restoration  of  registration. At any time
30    after the  suspension  or  revocation  of  a  certificate  of
                            -19-     LRB093 07790 AMC 12439 a
 1    registration, the Department may restore it to the registrant
 2    unless,  after an investigation and a hearing, the Department
 3    determines that restoration is not in  the  public  interest.
 4    Where  circumstances of suspension or revocation so indicate,
 5    the Department may require an examination of  the  registrant
 6    before restoring his or her certificate of registration.

 7        Section  145.  Surrender  of certificate of registration.
 8    Upon  the  revocation  or  suspension  of  a  certificate  of
 9    registration, the registrant shall immediately surrender  the
10    certificate   of  registration  to  the  Department.  If  the
11    registrant fails to do so,  the  Department  shall  have  the
12    right to seize the certificate of registration.

13        Section  150.  Temporary  suspension.  The  Director  may
14    temporarily  suspend the registration of a surgical assistant
15    without a  hearing, simultaneously with  the  institution  of
16    proceedings  for a hearing provided for in Section 90 of this
17    Act, if the Director  finds  that  evidence  in  his  or  her
18    possession  indicates  that  continuation  in  practice would
19    constitute an imminent danger to the public. If the  Director
20    temporarily  suspends  a license without a hearing, a hearing
21    by the Department shall be held  within  30  days  after  the
22    suspension  has  occurred  and  shall  be  concluded  without
23    appreciable delay.

24        Section 155.  Certificate of record. The Department shall
25    not  be  required to certify any record to a court or file an
26    answer in court or otherwise appear in a court in a  judicial
27    review  proceeding  unless  there is filed in the court, with
28    the complaint, a receipt from  the  Department  acknowledging
29    payment of the costs of furnishing and certifying the record.
30    Failure  on  the  part  of the plaintiff to file a receipt in
31    court shall be grounds for dismissal of the action.
                            -20-     LRB093 07790 AMC 12439 a
 1        Section  160.  Administrative  Review  Law.   All   final
 2    administrative  decisions  of  the  Department are subject to
 3    judicial review under the Administrative Review Law  and  its
 4    rules.  The  term  "administrative decision" is defined as in
 5    Section 3-101 of the Code of Civil Procedure. Proceedings for
 6    judicial review shall be commenced in the  circuit  court  of
 7    the  county in which the party seeking review resides. If the
 8    party seeking review is not a resident of this  State,  venue
 9    shall be in Sangamon County.

10        Section  165.  Criminal penalties.  A person who is found
11    to  have knowingly violated Section 35 of this Act is  guilty
12    of a Class A misdemeanor for a first offense and is guilty of
13    a Class 4  felony for a second or subsequent offense.

14        Section 170.  Civil penalties.
15        (a)  In  addition to any other penalty provided by law, a
16    person who  violates Section 35 of this Act shall pay a civil
17    penalty to the Department in an amount not to  exceed  $5,000
18    for each offense as determined by the  Department.  The civil
19    penalty   shall   be   assessed  by  the  Department  after a
20    hearing is held in accordance with the provisions  set  forth
21    in  this  Act regarding a hearing for  the  discipline  of  a
22    licensee.
23        (b)  The  Department  has  the  authority  and  power  to
24    investigate any and all unregistered activity.
25        (c)  The  civil  penalty assessed under this Act shall be
26    paid within 60 days after the effective  date  of  the  order
27    imposing  the   civil  penalty.  The order shall constitute a
28    judgment and  may be filed and execution had on the  judgment
29    in the same manner as a  judgment from a court of record.

30        Section  175.   Home  rule  powers.   The  regulation  of
31    surgical   assistants   and   surgical  technologists  is  an
                            -21-     LRB093 07790 AMC 12439 a
 1    exclusive power and function of the State. A home  rule  unit
 2    shall   not   regulate   surgical   assistants   or  surgical
 3    technologists. This Section is a limitation under  subsection
 4    (h) of Section 6 of Article VII of the Illinois Constitution.

 5        Section 900. The Regulatory  Sunset  Act  is  amended  by
 6    changing Section 4.24 as follows:

 7        (5 ILCS 80/4.24)
 8        Sec.  4.24.  Acts  repealed  on  January  1,  2014.   The
 9    following Acts are repealed on January 1, 2014:
10        The Electrologist Licensing Act.
11        The Illinois Public Accounting Act.
12        The Registered Surgical Assistant and Registered Surgical
13    Technologist Title Protection Act.
14    (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)

15        Section 960. The Perfusionist Licensing Act is amended by
16    changing Sections 10 and 25 as follows:

17        (225 ILCS 125/10)
18        (Section scheduled to be repealed on January 1, 2010)
19        Sec. 10.  Definitions.  As used in this Act:
20        "Board"   means  the  Board  of  Perfusion  and  Surgical
21    Assisting.
22        "Department"  means  the   Department   of   Professional
23    Regulation.
24        "Director" means the Director of Professional Regulation.
25        "Extracorporeal  circulation"  means  the  diversion of a
26    patient's blood through a heart-lung  machine  or  a  similar
27    device  that  assumes  the  functions of the patient's heart,
28    lungs, kidney, liver, or other organs.
29        "New  graduate   perfusionist"   means   a   perfusionist
30    practicing  within  a  period  of  one year since the date of
                            -22-     LRB093 07790 AMC 12439 a
 1    graduation from  a  Commission  on  Accreditation  of  Allied
 2    Health  Education  Programs  accredited  perfusion  education
 3    program.
 4        "Perfusion"   means   the  functions  necessary  for  the
 5    support, treatment, measurement, or  supplementation  of  the
 6    cardiovascular  systems  or other organs, or a combination of
 7    those  functions,  and  to  ensure  the  safe  management  of
 8    physiologic  functions  by  monitoring  and   analyzing   the
 9    parameters  of  the  systems  under  an  order  and under the
10    supervision of a physician licensed to practice  medicine  in
11    all its branches.
12        "Perfusionist"  means a person, qualified by academic and
13    clinical education, to operate the extracorporeal circulation
14    equipment during any medical situation where it is  necessary
15    to   support   or   replace   a   person's   cardiopulmonary,
16    circulatory,  or  respiratory  function.  A  perfusionist  is
17    responsible  for  the  selection of appropriate equipment and
18    techniques necessary for support, treatment, measurement,  or
19    supplementation of the cardiopulmonary and circulatory system
20    of  a  patient,  including the safe monitoring, analysis, and
21    treatment of physiologic conditions under an order and  under
22    the  supervision of a physician licensed to practice medicine
23    in all its branches and in  coordination  with  a  registered
24    professional nurse.
25        "Perfusion  protocols"  means  perfusion related policies
26    and protocols developed or  approved  by  a  licensed  health
27    facility   or   a   physician   through   collaboration  with
28    administrators, licensed perfusionists, and other health care
29    professionals.
30        "Physician"  or  "operating  physician"  means  a  person
31    licensed to practice medicine in all of  its  branches  under
32    the Medical Practice Act of 1987.
33    (Source: P.A. 91-580, eff. 1-1-00.)
                            -23-     LRB093 07790 AMC 12439 a
 1        (225 ILCS 125/25)
 2        Sec. 25.  Board of Perfusion and Surgical Assisting.  The
 3    Director  shall  appoint  a  Board  of Perfusion and Surgical
 4    Assisting to consist of 7 5 persons who shall be appointed by
 5    and shall serve in an advisory capacity to the Director.  Two
 6    members must hold an active license to engage in the practice
 7    of perfusion in this State, one member must  be  a  physician
 8    licensed  under the Medical Practice Act of 1987 who is board
 9    certified  in  and  actively  engaged  in  the  practice   of
10    cardiothoracic   surgery,  one  member  must  be  a  licensed
11    registered professional nurse certified by the Association of
12    Operating Room Nurses, one member must be actively registered
13    as  a  surgical  assistant  under  the  Registered   Surgical
14    Assistant   and   Registered   Surgical   Technologist  Title
15    Protection Act, one member must be actively registered  as  a
16    surgical technologist under the Registered Surgical Assistant
17    and  Registered  Surgical  Technologist Title Protection Act,
18    and one member must be a member of  the  public  who  is  not
19    licensed  under  this  Act, the Registered Surgical Assistant
20    and Registered Surgical Technologist Title Protection Act, or
21    a  similar  Act  of  another  jurisdiction  and  who  has  no
22    connection with the profession.  The initial  appointees  who
23    would  otherwise  be  required  to  be licensed perfusionists
24    shall  instead  be  individuals  who  have  been   practicing
25    perfusion  for  at  least  5 years and who are eligible under
26    this Act for licensure as perfusionists.
27        Members  shall  serve  4-year  terms  and   until   their
28    successors  are  appointed and qualified, except that, of the
29    initial appointments, 2 members shall be appointed  to  serve
30    for  2  years,  2  members  shall be appointed to serve for 3
31    years, and 3 members 1 member shall be appointed to serve for
32    4  years,  and  until  their  successors  are  appointed  and
33    qualified.  No member shall be reappointed to the Board for a
34    term that would cause his or her continuous  service  on  the
                            -24-     LRB093 07790 AMC 12439 a
 1    Board to be longer than 8 consecutive years.  Appointments to
 2    fill  vacancies  shall be made in the same manner as original
 3    appointments for the unexpired portion of the  vacated  term.
 4    Initial  terms  shall  begin  upon the effective date of this
 5    Act.
 6        The Board  shall  annually  elect  a  chairperson  and  a
 7    vice-chairperson  who  shall  preside  in  the absence of the
 8    chairperson.  The membership of the Board  should  reasonably
 9    reflect  representation  from the various geographic areas in
10    this State.  The Director may terminate  the  appointment  of
11    any   member   for   cause.    The   Director  may  give  due
12    consideration  to  all  recommendations  of  the  Board.    A
13    majority  of  the  Board  members  currently  appointed shall
14    constitute a quorum.  A vacancy  in  the  membership  of  the
15    Board  shall not impair the right of a quorum to exercise the
16    rights and perform all the duties of the Board.   Members  of
17    the  Board  shall  have no liability in any action based upon
18    any disciplinary proceeding or other  activity  performed  in
19    good faith as a member of the Board.
20    (Source: P.A. 91-580, eff. 1-1-00.)

21        Section  999.  Effective  date.  This  Act  takes  effect
22    January 1, 2004.".