093_SB0354eng SB354 Engrossed SRS093 00036 RWW 00036 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. The purpose of this Act 8 is to protect and benefit the public by setting standards of 9 qualifications, education, training, and experience for those 10 who seek to hold the title of registered surgical assistant 11 and registered surgical technologist. 12 Section 10. Definitions. As used in this Act: 13 "Department" means the Department of Professional 14 Regulation. 15 "Direct supervision" means supervision by an operating 16 physician, licensed podiatrist, or licensed dentist who is 17 physically present and who personally directs delegated acts 18 and remains available to personally respond to an emergency 19 until the patient is released from the operating room. A 20 registered professional nurse may also provide direct 21 supervision within the scope of his or her license. A 22 registered surgical assistant or registered surgical 23 technologist shall perform duties as assigned. 24 "Director" means the Director of Professional Regulation. 25 "Physician" or "operating physician" means a person 26 licensed to practice medicine in all of its branches under 27 the Medical Practice Act of 1987. 28 "Registered surgical assistant" means a person who (i) is 29 not licensed to practice medicine in all of its branches, 30 (ii) is certified by the National Surgical Assistant SB354 Engrossed -2- SRS093 00036 RWW 00036 b 1 Association on the Certification of Surgical Assistants, the 2 Liaison Council on Certification for the Surgical 3 Technologist as a certified first assistant, or the American 4 Board of Surgical Assisting, (iii) performs duties under 5 direct supervision, (iv) provides services only in a licensed 6 hospital, ambulatory treatment center, or office of a 7 physician licensed to practice medicine in all its branches, 8 and (v) is registered under this Act. 9 "Registered surgical technologist" means a person who (i) 10 is not a physician licensed to practice medicine in all of 11 its branches, (ii) is certified by the Liaison Council on 12 Certification for the Surgical Technologist, (iii) performs 13 duties under direct supervision, (iv) provides services only 14 in a licensed hospital, ambulatory treatment center, or 15 office of a physician licensed to practice medicine in all 16 its branches, and (v) is registered under this Act. 17 Section 15. Powers and duties of the Department. 18 (a) The Department shall exercise the powers and duties 19 prescribed by the Civil Administrative Code of Illinois and 20 shall exercise any other powers and duties necessary for 21 effectuating the purposes of this Act. 22 (b) The Department may adopt rules consistent with the 23 provisions of this Act for its administration and enforcement 24 and may prescribe forms that shall be issued in connection 25 with this Act. The rules may include but are not limited to 26 criteria for registration, professional conduct, and 27 discipline. 28 Section 20. Illinois Administrative Procedure Act; 29 rules. 30 (a) The Illinois Administrative Procedure Act is 31 expressly adopted and incorporated in this Act as if all of 32 the provisions of the Illinois Administrative Procedure Act SB354 Engrossed -3- SRS093 00036 RWW 00036 b 1 were included in this Act, except that the provision of 2 subsection (d) of Section 10-65 of the Illinois 3 Administrative Procedure Act that provides that at hearings 4 the registrant has the right to show compliance with all 5 lawful requirements for retention, continuation, or renewal 6 of the registration is specifically excluded. For purposes of 7 this Act, the notice required under Section 10-25 of the 8 Illinois Administrative Procedure Act is deemed sufficient 9 when mailed to the last known address of a party. 10 (b) The Director may promulgate rules for the 11 administration and enforcement of this Act and may prescribe 12 forms to be issued in connection with this Act. 13 Section 25. Application for registration. An application 14 for an initial registration shall be made to the Department 15 in writing on forms prescribed by the Department and shall be 16 accompanied by the required nonrefundable fee. An application 17 shall require information that, in the judgment of the 18 Department, will enable the Department to evaluate the 19 qualifications of an applicant for registration. 20 If an applicant fails to obtain a certificate of 21 registration under this Act within 3 years after filing his 22 or her application, the application shall be denied. The 23 applicant may make a new application, which shall be 24 accompanied by the required nonrefundable fee. 25 Section 30. Social Security Number on registration 26 application. In addition to any other information required to 27 be contained in the application, every application for an 28 original, renewal, or restored certificate of registration 29 under this Act shall include the applicant's Social Security 30 Number. 31 Section 35. Title protection. No person shall hold SB354 Engrossed -4- SRS093 00036 RWW 00036 b 1 himself or herself out as a registered surgical assistant or 2 registered surgical technologist without being so registered 3 by the Department. This is title protection and not licensure 4 by the Department. 5 Section 40. Application of Act. This Act shall not be 6 construed to prohibit the following: 7 (1) A person licensed in this State under any other 8 Act from engaging in the practice for which he or she is 9 licensed, including but not limited to a physician 10 licensed to practice medicine in all its branches, 11 physician assistant, advanced practice registered nurse, 12 or nurse performing surgery-related tasks within the 13 scope of his or her license, nor are these individuals 14 required to be registered under this Act. 15 (2) A person from engaging in practice as a 16 surgical assistant or surgical technologist in the 17 discharge of his or her official duties as an employee of 18 the United States government. 19 (3) One or more registered surgical assistants from 20 forming a professional service corporation in accordance 21 with the Professional Service Corporation Act and 22 applying for licensure as a corporation providing 23 surgical assistant services. 24 (4) A student engaging in practice as a surgical 25 assistant or surgical technologist under the direct 26 supervision of a physician licensed to practice medicine 27 in all of its branches as part of his or her program of 28 study at a school approved by the Department or in 29 preparation to qualify for the examination as prescribed 30 under Sections 45 and 50 of this Act. 31 (5) A person from assisting in surgery at an 32 operating physician's discretion. 33 (6) A hospital, health system or network, SB354 Engrossed -5- SRS093 00036 RWW 00036 b 1 ambulatory surgical treatment center, physician licensed 2 to practice medicine in all its branches, physician 3 medical group, or other entity that provides 4 surgery-related services from employing individuals that 5 the entity considers competent to assist in surgery. 6 These entities are not required to utilize registered 7 surgical assistants or registered surgical technologists 8 when providing surgery-related services to patients. 9 Nothing in this subsection shall be construed to limit 10 the ability of an employer to utilize the services of any 11 person to assist in surgery within the employment setting 12 consistent with the individual's skill and training. 13 Section 45. Registration requirements; surgical 14 assistant. A person shall qualify for registration as a 15 surgical assistant if he or she has applied in writing on the 16 prescribed form, has paid the required fees, and meets all of 17 the following requirements: 18 (1) Is at least 21 years of age. 19 (2) Has not violated a provision of Section 95 of 20 this Act. In addition the Department may take into 21 consideration any felony conviction of the applicant, but 22 a conviction shall not operate as an absolute bar to 23 registration. 24 (3) Has completed a medical education program 25 approved by the Department or has graduated from a United 26 States Military Program that emphasized surgical 27 assisting. 28 (4) Has successfully completed a national 29 certifying examination approved by the Department. 30 (5) Is currently certified by the National Surgical 31 Assistant Association on the Certification of Surgical 32 Assistants, the Liaison Council on Certification for the 33 Surgical Technologist as a certified first assistant, or SB354 Engrossed -6- SRS093 00036 RWW 00036 b 1 the American Board of Surgical Assisting. 2 Section 50. Registration requirements; surgical 3 technologist. A person shall qualify for registration as a 4 surgical technologist if he or she has applied in writing on 5 the prescribed form, has paid the required fees, and meets 6 all of the following requirements: 7 (1) Is at least 18 years of age. 8 (2) Has not violated a provision of Section 95 of 9 this Act. In addition the Department may take into 10 consideration any felony conviction of the applicant, but 11 a conviction shall not operate as an absolute bar to 12 registration. 13 (3) Has completed a surgical technologist program 14 approved by the Department. 15 (4) Has successfully completed the surgical 16 technologist national certification examination provided 17 by the Liaison Council on Certification for the Surgical 18 Technologist or its successor agency. 19 (6) Is currently certified by the Liaison Council 20 on Certification for the Surgical Technologist or its 21 successor agency and has met the requirements set forth 22 for certification. 23 Section 55. Supervision requirement. A person registered 24 under this Act shall practice as a surgical assistant only 25 under direct supervision. 26 Section 60. 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. SB354 Engrossed -7- SRS093 00036 RWW 00036 b 1 A registrant who has permitted his or her registration to 2 expire or who has had his or her registration on inactive 3 status may have the registration restored by making 4 application to the Department, by filing proof acceptable to 5 the Department of his or her fitness to have the registration 6 restored, and by paying the required fees. Proof of fitness 7 may include sworn evidence certifying to active lawful 8 practice in another jurisdiction. 9 If the registrant has not maintained an active practice 10 in another jurisdiction satisfactory to the Department, the 11 Department shall determine, by an evaluation program 12 established by rule, his or her fitness for restoration of 13 the registration and shall establish procedures and 14 requirements for restoration. However, a registrant whose 15 registration expired while he or she was (1) in federal 16 service on active duty with the Armed Forces of the United 17 States or the State Militia called into service or training 18 or (2) in training or education under the supervision of the 19 United States before induction into the military service, may 20 have the registration restored without paying any lapsed 21 renewal fees if within 2 years after honorable termination of 22 the service, training, or education he or she furnishes the 23 Department with satisfactory evidence to the effect that he 24 or she has been so engaged and that his or her service, 25 training, or education has been so terminated. 26 Section 65. Inactive status. A registrant who notified 27 the Department in writing on forms prescribed by the 28 Department may elect to place his or her registration on 29 inactive status and shall, subject to rules of the 30 Department, be excused from payment of renewal fees until he 31 or she notifies the Department in writing of his or her 32 intention to restore the registration. A registrant 33 requesting restoration from inactive status shall pay the SB354 Engrossed -8- SRS093 00036 RWW 00036 b 1 current renewal fee and shall restore his or her registration 2 in accordance with Section 60 of this Act. A registrant whose 3 license is on inactive status shall not hold himself or 4 herself out as a registered surgical assistant or registered 5 surgical technologist. To do so shall be grounds for 6 discipline under Section 75 of this Act. 7 Section 70. Fees; returned checks. 8 (a) The Department shall set by rule fees for the 9 administration of this Act, including but not limited to fees 10 for initial and renewal registration and restoration of a 11 certificate of registration. 12 (b) A person who delivers a check or other payment to 13 the Department that is returned to the Department unpaid by 14 the financial institution upon which it is drawn shall pay to 15 the Department, in addition to the amount already owed to the 16 Department, a fine of $50. The fines imposed by this Section 17 are in addition to any other discipline provided under this 18 Act. The Department shall notify the person that fees and 19 fines shall be paid to the Department by certified check or 20 money order within 30 calendar days of the notification. If, 21 after the expiration of 30 days from the date of the 22 notification, the person has failed to submit the necessary 23 remittance, the Department shall automatically terminate the 24 registration or deny the application without a hearing. If 25 the person seeks a license after termination or denial, he or 26 she shall apply to the Department for restoration or issuance 27 of the license and pay all fees and fines due to the 28 Department. The Department may establish a fee for the 29 processing of an application for restoration of a license to 30 defray the expenses of processing the application. The 31 Director may waive the fines due under this Section in 32 individual cases if the Director finds that the fines would 33 be unreasonable or unnecessarily burdensome. SB354 Engrossed -9- SRS093 00036 RWW 00036 b 1 (c) All of the fees and fines collected under this Act 2 shall be deposited into the General Professions Dedicated 3 Fund. All moneys in the Fund shall be used by the Department, 4 as appropriated, for the ordinary and contingent expenses of 5 the Department. 6 Section 75. Grounds for disciplinary action. 7 (a) The Department may refuse to issue, renew, or 8 restore a registration, may revoke or suspend a registration, 9 or may place on probation, censure, reprimand, or take other 10 disciplinary action with regard to a person registered under 11 this Act, including but not limited to the imposition of 12 fines not to exceed $5,000 for each violation, for any one or 13 combination of the following causes: 14 (1) Making a material misstatement in furnishing 15 information to the Department. 16 (2) Violating a provision of this Act or its rules. 17 (3) Conviction under the laws of a United States 18 jurisdiction of a crime that is a felony or a 19 misdemeanor, an essential element of which is dishonesty, 20 or of a crime that is directly related to the practice as 21 a surgical assistant or surgical technologist. 22 (4) Making a misrepresentation for the purpose of 23 obtaining, renewing, or restoring a registration. 24 (5) Wilfully aiding or assisting another person in 25 violating a provision of this Act or its rules. 26 (6) Failing to provide information within 60 days 27 in response to a written request made by the Department. 28 (7) Engaging in dishonorable, unethical, or 29 unprofessional conduct of a character likely to deceive, 30 defraud, or harm the public, as defined by rule of the 31 Department. 32 (8) Discipline by another United States 33 jurisdiction or foreign nation, if at least one of the SB354 Engrossed -10- SRS093 00036 RWW 00036 b 1 grounds for discipline is the same or substantially 2 equivalent to those set forth in this Section. 3 (9) Directly or indirectly giving to or receiving 4 from a person, firm, corporation, partnership, or 5 association a fee, commission, rebate, or other form of 6 compensation for professional services not actually or 7 personally rendered. 8 (10) A finding by the Department that the 9 registrant, after having his or her registration placed 10 on probationary status, has violated the terms of 11 probation. 12 (11) Wilfully making or filing false records or 13 reports in his or her practice, including but not limited 14 to false records or reports filed with State agencies. 15 (12) Wilfully making or signing a false statement, 16 certificate, or affidavit to induce payment. 17 (13) Wilfully failing to report an instance of 18 suspected child abuse or neglect as required under the 19 Abused and Neglected Child Reporting Act. 20 (14) Being named as a perpetrator in an indicated 21 report by the Department of Children and Family Services 22 under the Abused and Neglected Child Reporting Act and 23 upon proof by clear and convincing evidence that the 24 licensee has caused a child to be an abused child or 25 neglected child as defined in the Abused and Neglected 26 Child Reporting Act. 27 (15) Employment of fraud, deception, or any 28 unlawful means in applying for or securing a license as a 29 surgical assistant. 30 (16) Failure to report to the Department (A) any 31 adverse final action taken against the registrant by 32 another registering or licensing jurisdiction, government 33 agency, law enforcement agency, or any court or (B) 34 liability for conduct that would constitute grounds for SB354 Engrossed -11- SRS093 00036 RWW 00036 b 1 action as set forth in this Section. 2 (17) Habitual intoxication or addiction to the use 3 of drugs. 4 (18) Physical illness, including but not limited to 5 deterioration through the aging process or loss of motor 6 skills, which results in the inability to practice the 7 profession for which he or she is registered with 8 reasonable judgment, skill, or safety. 9 (19) Gross malpractice resulting in permanent 10 injury or death of a patient. 11 (20) Immoral conduct in the commission of an act 12 related to the registrant's practice, including but not 13 limited to sexual abuse, sexual misconduct, or sexual 14 exploitation. 15 (21) Violation of the Health Care Worker 16 Self-Referral Act. 17 (b) The Department may refuse to issue or may suspend the 18 registration of a person who fails to file a return, to pay 19 the tax, penalty, or interest shown in a filed return, or to 20 pay a final assessment of the tax, penalty, or interest as 21 required by a tax Act administered by the Department of 22 Revenue, until the requirements of the tax Act are satisfied. 23 (c) The determination by a circuit court that a 24 registrant is subject to involuntary admission or judicial 25 admission as provided in the Mental Health and Developmental 26 Disabilities Code operates as an automatic suspension. The 27 suspension will end only upon (1) a finding by a court that 28 the patient is no longer subject to involuntary admission or 29 judicial admission, (2) issuance of an order so finding and 30 discharging the patient, and (3) the recommendation of the 31 Department to the Director that the registrant be allowed to 32 resume his or her practice. 33 Section 80. Cease and desist order. SB354 Engrossed -12- SRS093 00036 RWW 00036 b 1 (a) If a person violates a provision of this Act, the 2 Director, in the name of the People of the State of Illinois 3 through the Attorney General of the State of Illinois, or the 4 State's Attorney of a county in which the violation occurs, 5 may petition for an order enjoining the violation or for an 6 order enforcing compliance with this Act. Upon the filing of 7 a verified petition in court, the court may issue a temporary 8 restraining order without notice or bond and may 9 preliminarily and permanently enjoin the violation. If it is 10 established that the registrant has violated or is violating 11 the injunction, the court may punish the offender for 12 contempt of court. Proceedings under this Section shall be in 13 addition to, and not in lieu of, all other remedies and 14 penalties provided by this Act. 15 (b) If a person holds himself or herself out as a 16 surgical assistant or surgical technologist without being 17 registered under this Act, then any registrant under this 18 Act, interested party, or person injured thereby, in addition 19 to the Director or State's Attorney, may petition for relief 20 as provided in subsection (a) of this Section. 21 (c) If the Department determines that a person violated a 22 provision of this Act, the Department may issue a rule to 23 show cause why an order to cease and desist should not be 24 entered against him or her. The rule shall clearly set forth 25 the grounds relied upon by the Department and shall provide a 26 period of 7 days from the date of the rule to file an answer 27 to the satisfaction of the Department. Failure to answer to 28 the satisfaction of the Department shall cause an order to 29 cease and desist to be issued immediately. 30 Section 85. Investigation; notice; hearing. Certificates 31 of registration may be refused, revoked, suspended, or 32 otherwise disciplined in the manner provided by this Act and 33 not otherwise. The Department may upon its own motion and SB354 Engrossed -13- SRS093 00036 RWW 00036 b 1 shall upon the verified complaint in writing of any person 2 setting forth facts that if proven would constitute grounds 3 for refusal to issue or for suspension or revocation under 4 this Act, investigate the actions of a person applying for, 5 holding, or claiming to hold a certificate of registration. 6 The Department shall, before refusing to issue or renew, 7 suspending, or revoking a certificate of registration or 8 taking other discipline pursuant to Section 75 of this Act, 9 and at least 30 days prior to the date set for the hearing, 10 notify in writing the applicant or licensee of any charges 11 made, shall afford the applicant or registrant an opportunity 12 to be heard in person or by counsel in reference to the 13 charges, and direct the applicant or registrant to file a 14 written answer to the Department under oath within 20 days 15 after the service of the notice and inform the applicant or 16 registrant that failure to file an answer will result in 17 default being taken against the applicant or registrant and 18 that the certificate of registration may be suspended, 19 revoked, placed on probationary status, or other disciplinary 20 action may be taken, including limiting the scope, nature, or 21 extent of practice, as the Director may deem proper. Written 22 notice may be served by personal delivery to the applicant or 23 registrant or by mailing the notice by certified mail to his 24 or her last known place of residence or to the place of 25 business last specified by the applicant or registrant in his 26 or her last notification to the Department. If the person 27 fails to file an answer after receiving notice, his or her 28 certificate of registration may, in the discretion of the 29 Department, be suspended, revoked, or placed on probationary 30 status or the Department may take whatever disciplinary 31 action deemed proper, including limiting the delegated tasks 32 or the imposition of a fine, without a hearing, if the act or 33 acts charged constitute sufficient grounds for such action 34 under this Act. At the time and place fixed in the notice, SB354 Engrossed -14- SRS093 00036 RWW 00036 b 1 the Department shall proceed to hearing of the charges and 2 both the applicant or registrant and the complainant shall be 3 afforded ample opportunity to present, in person or by 4 counsel, any statements, testimony, evidence, and arguments 5 that may be pertinent to the charges or to their defense. The 6 Department may continue a hearing from time to time. The 7 Department may continue a hearing for a period not to exceed 8 30 days. 9 Section 90. Record of proceedings. The Department, at 10 its expense, shall preserve a record of all proceedings at a 11 formal hearing conducted pursuant to Section 85 of this Act. 12 The notice of hearing, complaint, and all other documents in 13 the nature of pleadings and written motions filed in the 14 proceedings, the transcript of testimony, the report of the 15 Department or hearing officer, and orders of the Department 16 shall be the record of the proceeding. The Department shall 17 supply a transcript of the record to a person interested in 18 the hearing on payment of the fee required under Section 19 2105-115 of the Department of Professional Regulation Law of 20 the Civil Administrative Code of Illinois. 21 Section 95. Order for production of documents. A circuit 22 court may, upon application of the Department or its 23 designee, or of the applicant or registration against whom 24 proceedings pursuant to Section 85 of this Act are pending, 25 enter an order requiring the attendance of witnesses and 26 their testimony and the production of documents, papers, 27 files, books, and records in connection with a hearing or 28 investigation authorized by this Act. The court may compel 29 obedience to its order through contempt proceedings. 30 Section 100. Subpoena power. The Department has the 31 power to subpoena and bring before it any person in this SB354 Engrossed -15- SRS093 00036 RWW 00036 b 1 State and to take testimony orally or by deposition, with the 2 same fees and mileage and in the same manner as prescribed by 3 law in judicial proceedings in civil cases in circuit courts 4 of this State. The Director shall have the authority to 5 administer, at any hearing that the Department is authorized 6 to conduct under this Act, oaths to witnesses and any other 7 oaths authorized to be administered by the Department under 8 this Act. 9 Section 105. Disciplinary report. At the conclusion of 10 the hearing, the Department shall present to the Director a 11 written report of its findings of fact, conclusions of law, 12 and recommendations. In the report, the Department shall make 13 a finding of whether or not the charged registrant or 14 applicant violated a provision of this Act or its rules and 15 shall specify the nature of the violation. In making its 16 recommendations for discipline, the Department may take into 17 consideration all facts and circumstances bearing upon the 18 reasonableness of the conduct of the respondent and the 19 potential for future harm to the public, including but not 20 limited to previous discipline of that respondent by the 21 Department, intent, degree of harm to the public and 22 likelihood of harm in the future, any restitution made, and 23 whether the incident or incidents complained of appear to be 24 isolated or a pattern of conduct. In making its 25 recommendations for discipline, the Department shall seek to 26 ensure that the severity of the discipline recommended bears 27 some reasonable relationship to the severity of the 28 violation. 29 Section 110. Motion for rehearing. In a case involving 30 the refusal to issue or renew a registration or the 31 discipline of a registrant, a copy of the Department's report 32 shall be served upon the respondent by the Department, either SB354 Engrossed -16- SRS093 00036 RWW 00036 b 1 personally or as provided under Section 20 of this Act for 2 the service of the notice of hearing. Within 20 days after 3 the service, the respondent may present to the Department a 4 motion in writing for a rehearing, which shall specify the 5 particular grounds for a rehearing. If no motion for 6 rehearing is filed, then upon the expiration of the time 7 specified for filing the motion, or if a motion for rehearing 8 is denied, then upon the denial the Director may enter an 9 order in accordance with recommendations of the Department, 10 except as provided in Section 115 or 120 of this Act. If the 11 respondent orders a transcript of the record from the 12 reporting service and pays for the transcript within the time 13 for filing a motion for rehearing, the 20-day period within 14 which such a motion may be filed shall commence upon the 15 delivery of the transcript to the respondent. 16 Section 115. Order of Director. 17 (a) The Director shall issue an order concerning the 18 disposition of the charges (i) following the expiration of 19 the filing period granted under Section 110 of this Act if no 20 motion for rehearing is filed or (ii) following a denial of a 21 timely motion for rehearing. 22 (b) The Director's order shall be based on the 23 recommendations contained in the Department report unless, 24 after giving due consideration to the Department's report, 25 the Director disagrees in any regard with the report of the 26 Department, in which case he or she may issue an order in 27 contravention of the report. The Director shall provide a 28 written report to the Department on any deviation from the 29 Department's report and shall specify with particularity the 30 reasons for his or her deviation in the final order. The 31 Department's report and Director's order are not admissible 32 in evidence against the person in a criminal prosecution 33 brought for a violation of this Act, but the hearing, report, SB354 Engrossed -17- SRS093 00036 RWW 00036 b 1 and order are not a bar to a criminal prosecution brought for 2 the violation of this Act. 3 Section 120. Hearing officer. The Director shall have 4 the authority to appoint an attorney licensed to practice law 5 in this State to serve as the hearing officer in a hearing 6 authorized under Section 90 of this Act. The hearing officer 7 shall have full authority to conduct the hearing. The hearing 8 officer shall report his or her findings of fact, conclusions 9 of law, and recommendations to the Department. If the 10 Director disagrees in any regard with the report of the 11 Department, he or she may issue an order in contravention of 12 the report. The Director shall provide a written explanation 13 to the Department on a deviation from the Department's report 14 and shall specify with particularity the reasons for his or 15 her deviation in the final order. 16 Section 125. Rehearing on order of Director. Whenever 17 the Director is not satisfied that substantial justice has 18 been achieved in the discipline of a registrant, the Director 19 may order a rehearing by the same or another hearing officer. 20 Section 130. Order; prima facie proof. An order or a 21 certified copy of an order, over the seal of the Department 22 and purporting to be signed by the Director, shall be prima 23 facie proof that: 24 (1) the signature is the genuine signature of the 25 Director; and 26 (2) the Director is duly appointed and qualified. 27 Section 135. Restoration of registration. At any time 28 after the suspension or revocation of a certificate of 29 registration, the Department may restore it to the registrant 30 unless, after an investigation and a hearing, the Department SB354 Engrossed -18- SRS093 00036 RWW 00036 b 1 determines that restoration is not in the public interest. 2 Where circumstances of suspension or revocation so indicate, 3 the Department may require an examination of the registrant 4 before restoring his or her certificate of registration. 5 Section 140. Surrender of certificate of registration. 6 Upon the revocation or suspension of a certificate of 7 registration, the registrant shall immediately surrender the 8 certificate of registration to the Department. If the 9 registrant fails to do so, the Department shall have the 10 right to seize the certificate of registration. 11 Section 145. Temporary suspension. The Director may 12 temporarily suspend the registration of a surgical assistant 13 or surgical technologist without a hearing, simultaneously 14 with the institution of proceedings for a hearing provided 15 for in Section 85 of this Act, if the Director finds that 16 evidence in his or her possession indicates that continuation 17 in practice would constitute an imminent danger to the 18 public. If the Director temporarily suspends a license 19 without a hearing, a hearing by the Department shall be held 20 within 30 days after the suspension has occurred and shall be 21 concluded without appreciable delay. 22 Section 150. Certificate of record. The Department shall 23 not be required to certify any record to a court or file an 24 answer in court or otherwise appear in a court in a judicial 25 review proceeding unless there is filed in the court, with 26 the complaint, a receipt from the Department acknowledging 27 payment of the costs of furnishing and certifying the record. 28 Failure on the part of the plaintiff to file a receipt in 29 court shall be grounds for dismissal of the action. 30 Section 155. Administrative Review Law. All final SB354 Engrossed -19- SRS093 00036 RWW 00036 b 1 administrative decisions of the Department are subject to 2 judicial review under the Administrative Review Law and its 3 rules. The term "administrative decision" is defined as in 4 Section 3-101 of the Code of Civil Procedure. Proceedings for 5 judicial review shall be commenced in the circuit court of 6 the county in which the party seeking review resides. If the 7 party seeking review is not a resident of this State, venue 8 shall be in Sangamon County. 9 Section 160. Criminal penalties. A person who is found 10 to have knowingly violated Section 35 of this Act is guilty 11 of a Class A misdemeanor for a first offense and is guilty of 12 a Class 4 felony for a second or subsequent offense. 13 Section 165. Civil penalties. 14 (a) In addition to any other penalty provided by law, a 15 person who violates Section 35 of this Act shall pay a civil 16 penalty to the Department in an amount not to exceed $5,000 17 for each offense as determined by the Department. The civil 18 penalty shall be assessed by the Department after a hearing 19 is held in accordance with the provisions set forth in this 20 Act regarding a hearing for the discipline of a licensee. 21 (b) The Department has the authority and power to 22 investigate any and all unregistered activity. 23 (c) The civil penalty assessed under this Act shall be 24 paid within 60 days after the effective date of the order 25 imposing the civil penalty. The order shall constitute a 26 judgment and may be filed and execution had on the judgment 27 in the same manner as a judgment from a court of record. 28 Section 170. Home rule powers. The regulation of 29 surgical assistants and surgical technologists is an 30 exclusive power and function of the State. A home rule unit 31 shall not regulate surgical assistants or surgical SB354 Engrossed -20- SRS093 00036 RWW 00036 b 1 technologists. This Section is a limitation under subsection 2 (h) of Section 6 of Article VII of the Illinois Constitution. 3 Section 900. The Regulatory Sunset Act is amended by 4 changing Section 4.24 as follows: 5 (5 ILCS 80/4.24) 6 Sec. 4.24. Acts repealed on January 1, 2014. The 7 following Acts are repealed on January 1, 2014: 8 The Electrologist Licensing Act. 9 The Illinois Public Accounting Act. 10 The Registered Surgical Assistant and Registered Surgical 11 Technologist Title Protection Act. 12 (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.) 13 Section 999. Effective date. This Act takes effect 14 January 1, 2004.