Illinois General Assembly - Full Text of SB1716
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Full Text of SB1716  103rd General Assembly




SB1716 EnrolledLRB103 27343 AMQ 53715 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.34 and 4.39 as follows:
6    (5 ILCS 80/4.34)
7    Sec. 4.34. Acts and Section repealed on January 1, 2024.
8The following Acts and Section of an Act are repealed on
9January 1, 2024:
10        The Crematory Regulation Act.
11        The Electrologist Licensing Act.
12        The Illinois Certified Shorthand Reporters Act of
13    1984.
14        The Illinois Occupational Therapy Practice Act.
15        The Illinois Public Accounting Act.
16        The Private Detective, Private Alarm, Private
17    Security, Fingerprint Vendor, and Locksmith Act of 2004.
18        The Registered Surgical Assistant and Registered
19    Surgical Technologist Title Protection Act.
20        Section 2.5 of the Illinois Plumbing License Law.
21        The Veterinary Medicine and Surgery Practice Act of
22    2004.
23(Source: P.A. 102-291, eff. 8-6-21.)



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1    (5 ILCS 80/4.39)
2    Sec. 4.39. Acts repealed on January 1, 2029 and December
331, 2029.
4    (a) The following Act is repealed on January 1, 2029:
5        The Environmental Health Practitioner Licensing Act.
6        The Registered Surgical Assistant and Registered
7    Surgical Technologist Title Protection Act.
8    (b) The following Act is repealed on December 31, 2029:
9        The Structural Pest Control Act.
10(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
11101-81, eff. 7-12-19.)
12    Section 10. The Registered Surgical Assistant and
13Registered Surgical Technologist Title Protection Act is
14amended by changing Sections 10, 20, 30, 75, 85, 110, 115, 120,
15and 150 and by adding Section 12 as follows:
16    (225 ILCS 130/10)
17    (Section scheduled to be repealed on January 1, 2024)
18    Sec. 10. Definitions. As used in this Act:
19    "Address of record" means the designated address recorded
20by the Department in the applicant's or registrant's
21application file or registration file as maintained by the
22Department's licensure maintenance unit. It is the duty of the
23applicant or registrant to inform the Department of any change



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1of address and those changes must be made either through the
2Department's website or by contacting the Department.
3    "Department" means the Department of Financial and
4Professional Regulation.
5    "Direct supervision" means supervision by a licensed
6physician, licensed podiatric physician, or licensed dentist
7who is physically present and who personally directs delegated
8acts and remains available to personally respond to an
9emergency until the patient is released from the operating
10room. A registered professional nurse may also provide direct
11supervision within the scope of his or her license. A
12registered surgical assistant or registered surgical
13technologist shall perform duties as assigned.
14    "Email address of record" means the designated email
15address recorded by the Department in the applicant's
16application file or the licensee's license file, as maintained
17by the Department's licensure maintenance unit.
18    "Physician" means a person licensed to practice medicine
19in all of its branches under the Medical Practice Act of 1987.
20    "Registered surgical assistant" means a person who (i) is
21not licensed to practice medicine in all of its branches, (ii)
22is certified by the National Commission for the Certification
23of Surgical Assistants National Surgical Assistant Association
24as a Certified Surgical Assistant, the National Board of
25Surgical Technology and Surgical Assisting as a Certified
26Surgical First Assistant, or the American Board of Surgical



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1Assistants as a Surgical Assistant-Certified, (iii) performs
2duties under direct supervision, (iv) provides services only
3in a licensed hospital, ambulatory treatment center, or office
4of a physician licensed to practice medicine in all its
5branches, and (v) is registered under this Act.
6    "Registered surgical technologist" means a person who (i)
7is not a physician licensed to practice medicine in all of its
8branches, (ii) is certified by the National Board for Surgical
9Technology and Surgical Assisting, (iii) performs duties under
10direct supervision, (iv) provides services only in a licensed
11hospital, ambulatory treatment center, or office of a
12physician licensed to practice medicine in all its branches,
13and (v) is registered under this Act.
14    "Secretary" means the Secretary of Financial and
15Professional Regulation.
16(Source: P.A. 98-214, eff. 8-9-13; 98-364, eff. 12-31-13;
1798-756, eff. 7-16-14.)
18    (225 ILCS 130/12 new)
19    Sec. 12. Address of record; email address of record. All
20applicants and registrants shall:
21        (1) provide a valid address and email address to the
22    Department, which shall serve as the address of record and
23    email address of record, respectively, at the time of
24    application for registration or renewal of a registration;
25    and



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1        (2) inform the Department of any change of address of
2    record or email address of record within 14 days after
3    such change, either through the Department's website or by
4    contacting the Department's licensure maintenance unit.
5    (225 ILCS 130/20)
6    (Section scheduled to be repealed on January 1, 2024)
7    Sec. 20. Illinois Administrative Procedure Act. The
8Illinois Administrative Procedure Act is expressly adopted and
9incorporated in this Act as if all of the provisions of the
10Illinois Administrative Procedure Act were included in this
11Act, except that the provision of subsection (d) of Section
1210-65 of the Illinois Administrative Procedure Act that
13provides that at hearings the registrant has the right to show
14compliance with all lawful requirements for retention,
15continuation, or renewal of the registration is specifically
16excluded. For purposes of this Act, the notice required under
17Section 10-25 of the Illinois Administrative Procedure Act is
18deemed sufficient when mailed to the registrant's address of
19record or email address of record.
20(Source: P.A. 98-364, eff. 12-31-13.)
21    (225 ILCS 130/30)
22    (Section scheduled to be repealed on January 1, 2024)
23    Sec. 30. Social Security Number or individual taxpayer
24identification number on registration application. In addition



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1to any other information required to be contained in the
2application, every application for an original certificate of
3registration under this Act shall include the applicant's
4Social Security Number or individual taxpayer identification
5number, which shall be retained in the agency's records
6pertaining to the registration. As soon as practical, the
7Department shall assign a customer's identification number to
8each applicant for a registration.
9    Every application for a renewed, reinstated, or restored
10registration shall require the applicant's customer
11identification number.
12(Source: P.A. 97-400, eff. 1-1-12; 98-364, eff. 12-31-13.)
13    (225 ILCS 130/75)
14    (Section scheduled to be repealed on January 1, 2024)
15    Sec. 75. Grounds for disciplinary action.
16    (a) The Department may refuse to issue, renew, or restore
17a registration, may revoke or suspend a registration, or may
18place on probation, reprimand, or take other disciplinary or
19non-disciplinary action with regard to a person registered
20under this Act, including, but not limited to, the imposition
21of fines not to exceed $10,000 for each violation and the
22assessment of costs as provided for in Section 90, for any one
23or combination of the following causes:
24        (1) Making a material misstatement in furnishing
25    information to the Department.



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1        (2) Violating a provision of this Act or rules adopted
2    under this Act.
3        (3) Conviction by plea of guilty or nolo contendere,
4    finding of guilt, jury verdict, or entry of judgment or by
5    sentencing of any crime, including, but not limited to,
6    convictions, preceding sentences of supervision,
7    conditional discharge, or first offender probation, under
8    the laws of any jurisdiction of the United States that is
9    (i) a felony or (ii) a misdemeanor, an essential element
10    of which is dishonesty, or that is directly related to the
11    practice of the profession.
12        (4) Fraud or misrepresentation in applying for,
13    renewing, restoring, reinstating, or procuring a
14    registration under this Act.
15        (5) Aiding or assisting another person in violating a
16    provision of this Act or its rules.
17        (6) Failing to provide information within 60 days in
18    response to a written request made by the Department.
19        (7) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud, or harm the public, as defined by rule of the
22    Department.
23        (8) Discipline by another United States jurisdiction,
24    governmental agency, unit of government, or foreign
25    nation, if at least one of the grounds for discipline is
26    the same or substantially equivalent to those set forth in



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1    this Section.
2        (9) Directly or indirectly giving to or receiving from
3    a person, firm, corporation, partnership, or association a
4    fee, commission, rebate, or other form of compensation for
5    professional services not actually or personally rendered.
6    Nothing in this paragraph (9) affects any bona fide
7    independent contractor or employment arrangements among
8    health care professionals, health facilities, health care
9    providers, or other entities, except as otherwise
10    prohibited by law. Any employment arrangements may include
11    provisions for compensation, health insurance, pension, or
12    other employment benefits for the provision of services
13    within the scope of the registrant's practice under this
14    Act. Nothing in this paragraph (9) shall be construed to
15    require an employment arrangement to receive professional
16    fees for services rendered.
17        (10) A finding by the Department that the registrant,
18    after having the his or her registration placed on
19    probationary status, has violated the terms of probation.
20        (11) Willfully making or filing false records or
21    reports in the his or her practice, including, but not
22    limited to, false records or reports filed with State
23    agencies.
24        (12) Willfully making or signing a false statement,
25    certificate, or affidavit to induce payment.
26        (13) Willfully failing to report an instance of



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1    suspected child abuse or neglect as required under the
2    Abused and Neglected Child Reporting Act.
3        (14) Being named as a perpetrator in an indicated
4    report by the Department of Children and Family Services
5    under the Abused and Neglected Child Reporting Act and
6    upon proof by clear and convincing evidence that the
7    registrant has caused a child to be an abused child or
8    neglected child as defined in the Abused and Neglected
9    Child Reporting Act.
10        (15) (Blank).
11        (16) Failure to report to the Department (A) any
12    adverse final action taken against the registrant by
13    another registering or licensing jurisdiction, government
14    agency, law enforcement agency, or any court or (B)
15    liability for conduct that would constitute grounds for
16    action as set forth in this Section.
17        (17) Habitual or excessive use or abuse of drugs
18    defined in law as controlled substances, alcohol, or any
19    other substance that results in the inability to practice
20    with reasonable judgment, skill, or safety.
21        (18) Physical or mental illness, including, but not
22    limited to, deterioration through the aging process or
23    loss of motor skills, which results in the inability to
24    practice the profession for which the person he or she is
25    registered with reasonable judgment, skill, or safety.
26        (19) Gross malpractice.



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1        (20) Immoral conduct in the commission of an act
2    related to the registrant's practice, including, but not
3    limited to, sexual abuse, sexual misconduct, or sexual
4    exploitation.
5        (21) Violation of the Health Care Worker Self-Referral
6    Act.
7    (b) The Department may refuse to issue or may suspend
8without hearing the registration of a person who fails to file
9a return, to pay the tax, penalty, or interest shown in a filed
10return, or to pay a final assessment of the tax, penalty, or
11interest as required by a tax Act administered by the
12Department of Revenue, until the requirements of the tax Act
13are satisfied in accordance with subsection (g) of Section
142105-15 of the Department of Regulation Law of the Civil
15Administrative Code of Illinois.
16    (c) The determination by a circuit court that a registrant
17is subject to involuntary admission or judicial admission as
18provided in the Mental Health and Developmental Disabilities
19Code operates as an automatic suspension. The suspension will
20end only upon (1) a finding by a court that the patient is no
21longer subject to involuntary admission or judicial admission,
22(2) issuance of an order so finding and discharging the
23patient, and (3) filing of a petition for restoration
24demonstrating fitness to practice.
25    (d) (Blank).
26    (e) In cases where the Department of Healthcare and Family



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1Services has previously determined a registrant or a potential
2registrant is more than 30 days delinquent in the payment of
3child support and has subsequently certified the delinquency
4to the Department, the Department may refuse to issue or renew
5or may revoke or suspend that person's registration or may
6take other disciplinary action against that person based
7solely upon the certification of delinquency made by the
8Department of Healthcare and Family Services in accordance
9with paragraph (5) of subsection (a) of Section 2105-15 of the
10Department of Professional Regulation Law of the Civil
11Administrative Code of Illinois.
12    (f) In enforcing this Section, the Department, upon a
13showing of a possible violation, may compel any individual
14registered under this Act or any individual who has applied
15for registration to submit to a mental or physical examination
16and evaluation, or both, that may include a substance abuse or
17sexual offender evaluation, at the expense of the Department.
18The Department shall specifically designate the examining
19physician licensed to practice medicine in all of its branches
20or, if applicable, the multidisciplinary team involved in
21providing the mental or physical examination and evaluation,
22or both. The multidisciplinary team shall be led by a
23physician licensed to practice medicine in all of its branches
24and may consist of one or more or a combination of physicians
25licensed to practice medicine in all of its branches, licensed
26chiropractic physicians, licensed clinical psychologists,



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1licensed clinical social workers, licensed clinical
2professional counselors, and other professional and
3administrative staff. Any examining physician or member of the
4multidisciplinary team may require any person ordered to
5submit to an examination and evaluation pursuant to this
6Section to submit to any additional supplemental testing
7deemed necessary to complete any examination or evaluation
8process, including, but not limited to, blood testing,
9urinalysis, psychological testing, or neuropsychological
11    The Department may order the examining physician or any
12member of the multidisciplinary team to provide to the
13Department any and all records, including business records,
14that relate to the examination and evaluation, including any
15supplemental testing performed. The Department may order the
16examining physician or any member of the multidisciplinary
17team to present testimony concerning this examination and
18evaluation of the registrant or applicant, including testimony
19concerning any supplemental testing or documents relating to
20the examination and evaluation. No information, report,
21record, or other documents in any way related to the
22examination and evaluation shall be excluded by reason of any
23common law or statutory privilege relating to communication
24between the registrant or applicant and the examining
25physician or any member of the multidisciplinary team. No
26authorization is necessary from the registrant or applicant



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1ordered to undergo an evaluation and examination for the
2examining physician or any member of the multidisciplinary
3team to provide information, reports, records, or other
4documents or to provide any testimony regarding the
5examination and evaluation. The individual to be examined may
6have, at the individual's his or her own expense, another
7physician of the individual's his or her choice present during
8all aspects of the examination.
9    Failure of any individual to submit to mental or physical
10examination and evaluation, or both, when directed, shall
11result in an automatic suspension without a hearing until such
12time as the individual submits to the examination. If the
13Department finds a registrant unable to practice because of
14the reasons set forth in this Section, the Department shall
15require such registrant to submit to care, counseling, or
16treatment by physicians approved or designated by the
17Department as a condition for continued, reinstated, or
18renewed registration.
19    When the Secretary immediately suspends a registration
20under this Section, a hearing upon such person's registration
21must be convened by the Department within 15 days after such
22suspension and completed without appreciable delay. The
23Department shall have the authority to review the registrant's
24record of treatment and counseling regarding the impairment to
25the extent permitted by applicable federal statutes and
26regulations safeguarding the confidentiality of medical



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2    Individuals registered under this Act and affected under
3this Section shall be afforded an opportunity to demonstrate
4to the Department that they can resume practice in compliance
5with acceptable and prevailing standards under the provisions
6of their registration.
7    (g) All fines imposed under this Section shall be paid
8within 60 days after the effective date of the order imposing
9the fine or in accordance with the terms set forth in the order
10imposing the fine.
11(Source: P.A. 100-872, eff. 8-14-18.)
12    (225 ILCS 130/85)
13    (Section scheduled to be repealed on January 1, 2024)
14    Sec. 85. Investigation; notice; hearing. The Department
15may investigate the actions of a person applying for, holding,
16or claiming to hold a certificate of registration. The
17Department shall, before refusing to issue or renew a
18registration or taking other disciplinary or non-disciplinary
19action pursuant to Section 75 of this Act, and at least 30 days
20prior to the date set for the hearing, (i) notify in writing
21the applicant or registrant of the charges made and the time
22and place for a hearing of the charges, (ii) direct the
23applicant or registrant to file a written answer to the
24Department under oath within 20 days after the service of the
25notice, and (iii) inform the applicant or registrant that



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1failure to file an answer will result in default being taken
2against the applicant or registrant.
3    Written notice and any notice in the subsequent proceeding
4may be served by registered or certified mail to the
5applicant's or registrant's address of record or, if in the
6course of the administrative proceeding the party has
7previously designated a specific email address at which to
8accept electronic service for that specific proceeding, by
9sending a copy by email to the party's email address on record.
10If the person fails to file an answer after receiving notice,
11his or her certificate of registration may, in the discretion
12of the Department, be suspended, revoked, or placed on
13probationary status or the Department may take whatever
14disciplinary or non-disciplinary action deemed proper,
15including limiting the delegated tasks or the imposition of a
16fine, without a hearing, if the act or acts charged constitute
17sufficient grounds for such action under this Act. At the time
18and place fixed in the notice, the Department shall proceed to
19hearing of the charges and the parties and their counsel shall
20be afforded ample opportunity to present any pertinent
21statements, testimony, evidence, and arguments. The Department
22may continue a hearing from time to time.
23(Source: P.A. 98-364, eff. 12-31-13.)
24    (225 ILCS 130/110)
25    (Section scheduled to be repealed on January 1, 2024)



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1    Sec. 110. Motion for rehearing. In a case involving the
2refusal to issue or renew a registration or the discipline of a
3registrant, a copy of the hearing officer's report shall be
4served upon the respondent by the Department, as provided
5under Section 20 of this Act. Within 20 days after the service,
6the respondent may present to the Secretary Department a
7motion in writing for a rehearing, which shall specify the
8particular grounds for a rehearing. If no motion for rehearing
9is filed, then upon the expiration of the time specified for
10filing the motion, or if a motion for rehearing is denied, then
11upon the denial, the Secretary may enter an order in
12accordance with recommendations of the hearing officer
13Department, except as provided in Section 115 or 120 of this
14Act. If the respondent orders a transcript of the record from
15the reporting service and pays for the transcript within the
16time for filing a motion for rehearing, the 20-day period
17within which such a motion may be filed shall commence upon the
18delivery of the transcript to the respondent.
19(Source: P.A. 98-364, eff. 12-31-13.)
20    (225 ILCS 130/115)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 115. Order of Secretary. The Secretary's order shall
23be based on the recommendations contained in the hearing
24officer's Department report unless the Secretary disagrees in
25any regard with the report of the hearing officer Department,



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1in which case the Secretary he or she may issue an order in
2contravention of the report. The hearing officer's report and
3Secretary's order are not admissible in evidence against the
4person in a criminal prosecution brought for a violation of
5this Act, but the hearing, report, and order are not a bar to a
6criminal prosecution brought for the violation of this Act.
7(Source: P.A. 98-364, eff. 12-31-13.)
8    (225 ILCS 130/120)
9    (Section scheduled to be repealed on January 1, 2024)
10    Sec. 120. Hearing officer. The Secretary shall have the
11authority to appoint an attorney licensed to practice law in
12this State to serve as the hearing officer in a hearing
13authorized under Section 90 of this Act. The hearing officer
14shall have full authority to conduct the hearing. The hearing
15officer shall report the hearing officer's his or her findings
16of fact, conclusions of law, and recommendations to the
17Secretary Department. If the Secretary disagrees in any regard
18with the report of the hearing officer Department, the
19Secretary he or she may issue an order in contravention of the
20report. The Secretary shall provide a written explanation to
21the Department on a deviation from the Department's report and
22shall specify with particularity the reasons for his or her
23deviation in the final order.
24(Source: P.A. 98-364, eff. 12-31-13.)



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1    (225 ILCS 130/150)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 150. Certificate of record. The Department shall not
4be required to certify any record to a court or file an answer
5in court or otherwise appear in a court in a judicial review
6proceeding unless and until the Department has received from
7the plaintiff payment of the costs of furnishing and
8certifying the record, which costs shall be determined by the
9Department. Exhibits shall be certified without cost. Failure
10on the part of the plaintiff to file a receipt in court shall
11be grounds for dismissal of the action.
12(Source: P.A. 98-364, eff. 12-31-13.)
13    Section 99. Effective date. This Section and Section 5
14take effect upon becoming law.



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2 Statutes amended in order of appearance
3    5 ILCS 80/4.34
4    5 ILCS 80/4.39
5    225 ILCS 130/10
6    225 ILCS 130/12 new
7    225 ILCS 130/20
8    225 ILCS 130/30
9    225 ILCS 130/75
10    225 ILCS 130/85
11    225 ILCS 130/110
12    225 ILCS 130/115
13    225 ILCS 130/120
14    225 ILCS 130/150