Illinois General Assembly - Full Text of HB0638

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Full Text of HB0638 94th General Assembly

Introduced Engrossed
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HB0638eng 94TH GENERAL ASSEMBLY

HB0638 Engrossed LRB094 06098 DRJ 36161 b

1     AN ACT concerning 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 Department of Health Professional Regulation Act.

6     Section 5. Department of Health Professional Regulation.
7     (a) The Department of Health Professional Regulation is
8 created.
9     (b) The Department of Health Professional Regulation shall
10 be under the direction of the Director of Health Professional
11 Regulation, as provided in the Civil Administrative Code of
12 Illinois. The Director may create administrative units within
13 the Department and may assign functions, powers, duties, and
14 personnel as necessary to carry out the functions and
15 responsibilities vested in the Department.
16     (c) For purposes of the Successor Agency Act and for
17 purposes of Section 9b of the State Finance Act, the Department
18 of Health Professional Regulation is the successor agency to
19 the Department of Financial and Professional Regulation with
20 respect to the functions transferred to the Department of
21 Health Professional Regulation under this Act.

22     Section 10. Functions transferred.
23     (a) All of the functions of the Department of Financial and
24 Professional Regulation under each of the following Acts, and
25 all of the powers, duties, rights, and responsibilities,
26 including funding mechanisms, associated with or related to
27 those functions and vested by law in the Department of
28 Financial and Professional Regulation or in any office,
29 division, council, committee, bureau, board, commission,
30 officer, employee, or other individual or entity associated
31 with the Department of Financial and Professional Regulation,

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1 are transferred to the Department of Health Professional
2 Regulation:
3         (1) The Acupuncture Practice Act.
4         (2) The Illinois Athletic Trainers Practice Act.
5         (3) The Clinical Psychologist Licensing Act.
6         (4) The Clinical Social Work and Social Work Practice
7     Act.
8         (5) The Illinois Dental Practice Act.
9         (6) The Dietetic and Nutrition Services Practice Act.
10         (7) The Environmental Health Practitioner Licensing
11     Act.
12         (8) The Funeral Directors and Embalmers Licensing
13     Code.
14         (9) The Home Medical Equipment and Services Provider
15     License Act.
16         (10) The Marriage and Family Therapy Licensing Act.
17         (11) The Massage Licensing Act.
18         (12) The Medical Practice Act of 1987.
19         (13) The Naprapathic Practice Act.
20         (14) The Nursing and Advanced Practice Nursing Act.
21         (15) The Nursing Home Administrators Licensing and
22     Disciplinary Act.
23         (16) The Illinois Occupational Therapy Practice Act.
24         (17) The Illinois Optometric Practice Act of 1987.
25         (18) The Mail Order Contact Lens Act.
26         (19) The Orthotics, Prosthetics, and Pedorthics
27     Practice Act.
28         (20) The Pharmacy Practice Act of 1987.
29         (21) The Illinois Physical Therapy Act.
30         (22) The Physician Assistant Practice Act of 1987.
31         (23) The Podiatric Medical Practice Act of 1987.
32         (24) The Respiratory Care Practice Act.
33         (25) The Professional Counselor and Clinical
34     Professional Counselor Licensing Act.
35         (26) The Illinois Speech-Language Pathology and
36     Audiology Practice Act.

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1         (27) The Wholesale Drug Distribution Licensing Act.
2         (28) The Perfusionist Practice Act.
3         (29) The Registered Surgical Assistant and Registered
4     Surgical Technologist Title Protection Act.
5         (30) The Genetic Counselor Licensing Act.
6     (b) The functions, powers, duties, rights, and
7 responsibilities transferred to the Department of Health
8 Professional Regulation under this Act are not affected by this
9 Act, except that they shall be carried out by the Department of
10 Health Professional Regulation on and after the effective date
11 of this Act.

12     Section 15. Representation on boards or other entities.
13 When any provision of an Act provides for the membership of the
14 Secretary of Financial and Professional Regulation on any
15 council, commission, board, or other entity in connection with
16 any function transferred to the Department of Health
17 Professional Regulation under this Act, the Director of Health
18 Professional Regulation, or the Director's designee, shall
19 serve in that place. If more than one such person is required
20 by law to serve on any council, commission, board, or other
21 entity, then an equivalent number of representatives of the
22 Department of Health Professional Regulation shall so serve.

23     Section 20. Employees transferred.
24     (a) The employees of the Department of Financial and
25 Professional Regulation who are engaged in performing duties
26 pertaining to any function transferred to the Department of
27 Health Professional Regulation under this Act shall be
28 transferred to the Department of Health Professional
29 Regulation.
30     In the case of a person employed by the Department of
31 Financial and Professional Regulation to perform both duties
32 pertaining to a function transferred to the Department of
33 Health Professional Regulation under this Act and duties
34 pertaining to a function retained by the Department of

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1 Financial and Professional Regulation, the Director of Health
2 Professional Regulation, in consultation with the Secretary of
3 Financial and Professional Regulation, shall determine whether
4 the employee shall be transferred to the Department of Health
5 Professional Regulation. The employee shall not be transferred
6 until this determination is made.
7     (b) The status and rights of employees transferred to the
8 Department of Health Professional Regulation, and the rights of
9 the State of Illinois and its agencies, under the Personnel
10 Code and applicable collective bargaining agreements or under
11 any pension, retirement, or annuity plan are not affected by
12 that transfer or by any other provision of this Act.

13     Section 25. Books and records transferred. All books,
14 records, papers, documents, property (real and personal),
15 contracts, and pending business pertaining to any function
16 transferred to the Department of Health Professional
17 Regulation under this Act, including but not limited to
18 material in electronic or magnetic format and necessary
19 computer hardware and software, shall be delivered to the
20 Department of Health Professional Regulation.
21     In the case of books, records, papers, documents, property,
22 contracts, or pending business that pertains both to a function
23 transferred to the Department of Health Professional
24 Regulation under this Act and to a function retained by the
25 Department of Financial and Professional Regulation, the
26 Director of Health Professional Regulation, in consultation
27 with the Secretary of Financial and Professional Regulation,
28 shall determine whether the books, records, papers, documents,
29 property, contracts, or pending business shall be transferred
30 to the Department of Health Professional Regulation. The books,
31 records, papers, documents, property, contracts, or pending
32 business shall not be transferred until this determination is
33 made.

34     Section 30. Unexpended moneys transferred. All unexpended

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1 appropriations and balances and other moneys available for use
2 in connection with any function transferred to the Department
3 of Health Professional Regulation under this Act shall be
4 transferred for use by that Department for the exercise of
5 those functions. Unexpended balances so transferred shall be
6 expended only for the purpose for which the appropriations were
7 originally made.
8     In the case of an unexpended appropriation that pertains
9 both to a function transferred to the Department of Health
10 Professional Regulation under this Act and to a function
11 retained by the Department of Financial and Professional
12 Regulation, the Director of Health Professional Regulation, in
13 consultation with the Secretary of Financial and Professional
14 Regulation, shall determine whether the unexpended
15 appropriation shall be transferred to the Department of Health
16 Professional Regulation. The unexpended appropriation shall
17 not be transferred until this determination is made.

18     Section 35. Exercise of transferred powers; savings
19 provisions. The powers, duties, rights, and responsibilities
20 related to the functions transferred to the Department of
21 Health Professional Regulation under this Act are vested in and
22 shall be exercised by that Department. Each act done by the
23 Department of Health Professional Regulation or any of its
24 officers, employees, or agents in the exercise of those powers,
25 duties, rights, and responsibilities shall have the same legal
26 effect as if done by the Department of Financial and
27 Professional Regulation or the divisions, officers, employees,
28 or agents of that agency. The transfer of functions to the
29 Department of Health Professional Regulation under this Act
30 does not affect any person's powers, duties, rights, or
31 responsibilities arising out of those transferred functions,
32 except as otherwise provided in this Act.

33     Section 40. Officers, employees, and agents; penalties.
34 Every officer, employee, and agent of the Department of Health

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1 Professional Regulation is, for any offense, subject to the
2 same penalty or penalties, civil or criminal, as are prescribed
3 by the law in effect on the effective date of this Act for the
4 same offense by any officer, employee, or agent whose powers,
5 duties, rights, and responsibilities are transferred under
6 this Act.

7     Section 45. Reports, notices, or papers. Whenever reports
8 or notices are required to be made or given or papers or
9 documents furnished or served by any person to or upon the
10 Department of Financial and Professional Regulation in
11 connection with any function transferred from that Department
12 to the Department of Health Professional Regulation under this
13 Act, the same shall be made, given, furnished, or served in the
14 same manner to or upon the Department of Health Professional
15 Regulation.

16     Section 50. Acts and actions unaffected by transfer. This
17 Act does not affect any act done, ratified, or canceled, or any
18 right occurring or established, before the effective date of
19 this Act in connection with any function transferred from the
20 Department of Financial and Professional Regulation to the
21 Department of Health Professional Regulation under this Act.
22 This Act does not affect any action or proceeding had or
23 commenced before the effective date of this Act in an
24 administrative, civil, or criminal cause regarding the
25 Department of Financial and Professional Regulation, but any
26 such action or proceeding may be prosecuted, defended, or
27 continued by the Department of Health Professional Regulation.

28     Section 55. Rules.
29     (a) Any rule of the Department of Financial and
30 Professional Regulation that (i) relates to any function
31 transferred from the Department of Financial and Professional
32 Regulation to the Department of Health Professional Regulation
33 under this Act, (ii) was in full force on the effective date of

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1 this Act, and (iii) was duly adopted by the Department of
2 Financial and Professional Regulation shall become the rule of
3 the Department of Health Professional Regulation. This Act does
4 not affect the legality of any such rules contained in the
5 Illinois Administrative Code.
6     (b) Any proposed rule filed with the Secretary of State by
7 the Department of Financial and Professional Regulation that
8 was pending in the rulemaking process on the effective date of
9 this Act and that pertains to any function transferred from the
10 Department of Financial and Professional Regulation to the
11 Department of Health Professional Regulation under this Act
12 shall be deemed to have been filed by the Department of Health
13 Professional Regulation.
14     (c) As soon as practicable after the effective date of this
15 Act, the Department of Health Professional Regulation shall
16 revise and clarify the rules transferred to it under this
17 Section to reflect the reorganization of functions effected by
18 this Act, using the procedures for recodification of rules
19 available under the Illinois Administrative Procedure Act,
20 except that existing title, part, and section numbering for the
21 affected rules may be retained. The Department of Health
22 Professional Regulation may propose and adopt other rules as
23 necessary for the purpose of revising and clarifying the rules
24 transferred to the Department under this Section.

25     Section 905. The Civil Administrative Code of Illinois is
26 amended by changing Sections 5-15 and 5-20 and by adding
27 Section 5-347 as follows:

28     (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
29     Sec. 5-15. Departments of State government. The
30 Departments of State government are created as follows:
31     The Department on Aging.
32     The Department of Agriculture.
33     The Department of Central Management Services.
34     The Department of Children and Family Services.

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1     The Department of Commerce and Economic Opportunity.
2     The Department of Corrections.
3     The Department of Employment Security.
4     The Emergency Management Agency.
5     The Department of Financial Institutions.
6     The Department of Health Professional Regulation.
7     The Department of Human Rights.
8     The Department of Human Services.
9     The Department of Insurance.
10     The Department of Labor.
11     The Department of the Lottery.
12     The Department of Natural Resources.
13     The Department of Professional Regulation.
14     The Department of Public Aid.
15     The Department of Public Health.
16     The Department of Revenue.
17     The Department of State Police.
18     The Department of Transportation.
19     The Department of Veterans' Affairs.
20 (Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04.)

21     (20 ILCS 5/5-20)  (was 20 ILCS 5/4)
22     Sec. 5-20. Heads of departments. Each department shall have
23 an officer as its head who shall be known as director or
24 secretary and who shall, subject to the provisions of the Civil
25 Administrative Code of Illinois, execute the powers and
26 discharge the duties vested by law in his or her respective
27 department.
28     The following officers are hereby created:
29     Director of Aging, for the Department on Aging.
30     Director of Agriculture, for the Department of
31 Agriculture.
32     Director of Central Management Services, for the
33 Department of Central Management Services.
34     Director of Children and Family Services, for the
35 Department of Children and Family Services.

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1     Director of Commerce and Economic Opportunity, for the
2 Department of Commerce and Economic Opportunity.
3     Director of Corrections, for the Department of
4 Corrections.
5     Director of Emergency Management Agency, for the Emergency
6 Management Agency.
7     Director of Employment Security, for the Department of
8 Employment Security.
9     Director of Financial Institutions, for the Department of
10 Financial Institutions.
11     Director of Health Professional Regulation, for the
12 Department of Health Professional Regulation.
13     Director of Human Rights, for the Department of Human
14 Rights.
15     Secretary of Human Services, for the Department of Human
16 Services.
17     Director of Insurance, for the Department of Insurance.
18     Director of Labor, for the Department of Labor.
19     Director of the Lottery, for the Department of the Lottery.
20     Director of Natural Resources, for the Department of
21 Natural Resources.
22     Director of Professional Regulation, for the Department of
23 Professional Regulation.
24     Director of Public Aid, for the Department of Public Aid.
25     Director of Public Health, for the Department of Public
26 Health.
27     Director of Revenue, for the Department of Revenue.
28     Director of State Police, for the Department of State
29 Police.
30     Secretary of Transportation, for the Department of
31 Transportation.
32     Director of Veterans' Affairs, for the Department of
33 Veterans' Affairs.
34 (Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04.)

35     (20 ILCS 5/5-347 new)

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1     Sec. 5-347. In the Department of Health Professional
2 Regulation. The Director of Health Professional Regulation is
3 entitled to an annual salary as set by the Governor or as set
4 by the Compensation Review Board, whichever is greater.

5     Section 910. The Acupuncture Practice Act is amended by
6 adding Section 2 as follows:

7     (225 ILCS 2/2 new)
8     Sec. 2. References to Department or Director of
9 Professional Regulation or Department or Secretary of
10 Financial and Professional Regulation. On and after the
11 effective date of this amendatory Act of the 94th General
12 Assembly, unless the context requires otherwise:
13         (1) References in this Act to the Department of
14     Professional Regulation, the Department of Financial and
15     Professional Regulation, or "the Department" mean the
16     Department of Health Professional Regulation.
17         (2) References in this Act to the Director of
18     Professional Regulation, the Secretary of Financial and
19     Professional Regulation, "the Director", or "the
20     Secretary" mean the Director of Health Professional
21     Regulation.

22     Section 915. The Illinois Athletic Trainers Practice Act is
23 amended by adding Section 1.5 as follows:

24     (225 ILCS 5/1.5 new)
25     Sec. 1.5. References to Department or Director of
26 Professional Regulation or Department or Secretary of
27 Financial and Professional Regulation. On and after the
28 effective date of this amendatory Act of the 94th General
29 Assembly, unless the context requires otherwise:
30         (1) References in this Act to the Department of
31     Professional Regulation, the Department of Financial and
32     Professional Regulation, or "the Department" mean the

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1     Department of Health Professional Regulation.
2         (2) References in this Act to the Director of
3     Professional Regulation, the Secretary of Financial and
4     Professional Regulation, "the Director", or "the
5     Secretary" mean the Director of Health Professional
6     Regulation.

7     Section 920. The Clinical Psychologist Licensing Act is
8 amended by adding Section 1.5 as follows:

9     (225 ILCS 15/1.5 new)
10     Sec. 1.5. References to Department or Director of
11 Professional Regulation or Department or Secretary of
12 Financial and Professional Regulation. On and after the
13 effective date of this amendatory Act of the 94th General
14 Assembly, unless the context requires otherwise:
15         (1) References in this Act to the Department of
16     Professional Regulation, the Department of Financial and
17     Professional Regulation, or "the Department" mean the
18     Department of Health Professional Regulation.
19         (2) References in this Act to the Director of
20     Professional Regulation, the Secretary of Financial and
21     Professional Regulation, "the Director", or "the
22     Secretary" mean the Director of Health Professional
23     Regulation.

24     Section 925. The Clinical Social Work and Social Work
25 Practice Act is amended by adding Section 1.5 as follows:

26     (225 ILCS 20/1.5 new)
27     Sec. 1.5. References to Department or Director of
28 Professional Regulation or Department or Secretary of
29 Financial and Professional Regulation. On and after the
30 effective date of this amendatory Act of the 94th General
31 Assembly, unless the context requires otherwise:
32         (1) References in this Act to the Department of

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1     Professional Regulation, the Department of Financial and
2     Professional Regulation, or "the Department" mean the
3     Department of Health Professional Regulation.
4         (2) References in this Act to the Director of
5     Professional Regulation, the Secretary of Financial and
6     Professional Regulation, "the Director", or "the
7     Secretary" mean the Director of Health Professional
8     Regulation.

9     Section 930. The Illinois Dental Practice Act is amended by
10 adding Section 1.5 as follows:

11     (225 ILCS 25/1.5 new)
12     Sec. 1.5. References to Department or Director of
13 Professional Regulation or Department or Secretary of
14 Financial and Professional Regulation. On and after the
15 effective date of this amendatory Act of the 94th General
16 Assembly, unless the context requires otherwise:
17         (1) References in this Act to the Department of
18     Professional Regulation, the Department of Financial and
19     Professional Regulation, or "the Department" mean the
20     Department of Health Professional Regulation.
21         (2) References in this Act to the Director of
22     Professional Regulation, the Secretary of Financial and
23     Professional Regulation, "the Director", or "the
24     Secretary" mean the Director of Health Professional
25     Regulation.

26     Section 935. The Dietetic and Nutrition Services Practice
27 Act is amended by adding Section 2 as follows:

28     (225 ILCS 30/2 new)
29     Sec. 2. References to Department or Director of
30 Professional Regulation or Department or Secretary of
31 Financial and Professional Regulation. On and after the
32 effective date of this amendatory Act of the 94th General

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1 Assembly, unless the context requires otherwise:
2         (1) References in this Act to the Department of
3     Professional Regulation, the Department of Financial and
4     Professional Regulation, or "the Department" mean the
5     Department of Health Professional Regulation.
6         (2) References in this Act to the Director of
7     Professional Regulation, the Secretary of Financial and
8     Professional Regulation, "the Director", or "the
9     Secretary" mean the Director of Health Professional
10     Regulation.

11     Section 940. The Environmental Health Practitioner
12 Licensing Act is amended by adding Section 2 as follows:

13     (225 ILCS 37/2 new)
14     Sec. 2. References to Department or Director of
15 Professional Regulation or Department or Secretary of
16 Financial and Professional Regulation. On and after the
17 effective date of this amendatory Act of the 94th General
18 Assembly, unless the context requires otherwise:
19         (1) References in this Act to the Department of
20     Professional Regulation, the Department of Financial and
21     Professional Regulation, or "the Department" mean the
22     Department of Health Professional Regulation.
23         (2) References in this Act to the Director of
24     Professional Regulation, the Secretary of Financial and
25     Professional Regulation, "the Director", or "the
26     Secretary" mean the Director of Health Professional
27     Regulation.

28     Section 945. The Funeral Directors and Embalmers Licensing
29 Code is amended by adding Section 1-2 as follows:

30     (225 ILCS 41/1-2 new)
31     Sec. 1-2. References to Department or Director of
32 Professional Regulation or Department or Secretary of

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1 Financial and Professional Regulation. On and after the
2 effective date of this amendatory Act of the 94th General
3 Assembly, unless the context requires otherwise:
4         (1) References in this Act to the Department of
5     Professional Regulation, the Department of Financial and
6     Professional Regulation, or "the Department" mean the
7     Department of Health Professional Regulation.
8         (2) References in this Act to the Director of
9     Professional Regulation, the Secretary of Financial and
10     Professional Regulation, "the Director", or "the
11     Secretary" mean the Director of Health Professional
12     Regulation.

13     Section 950. The Home Medical Equipment and Services
14 Provider License Act is amended by adding Section 2 as follows:

15     (225 ILCS 51/2 new)
16     Sec. 2. References to Department or Director of
17 Professional Regulation or Department or Secretary of
18 Financial and Professional Regulation. On and after the
19 effective date of this amendatory Act of the 94th General
20 Assembly, unless the context requires otherwise:
21         (1) References in this Act to the Department of
22     Professional Regulation, the Department of Financial and
23     Professional Regulation, or "the Department" mean the
24     Department of Health Professional Regulation.
25         (2) References in this Act to the Director of
26     Professional Regulation, the Secretary of Financial and
27     Professional Regulation, "the Director", or "the
28     Secretary" mean the Director of Health Professional
29     Regulation.

30     Section 955. The Marriage and Family Therapy Licensing Act
31 is amended by adding Section 2 as follows:

32     (225 ILCS 55/2 new)

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1     Sec. 2. References to Department or Director of
2 Professional Regulation or Department or Secretary of
3 Financial and Professional Regulation. On and after the
4 effective date of this amendatory Act of the 94th General
5 Assembly, unless the context requires otherwise:
6         (1) References in this Act to the Department of
7     Professional Regulation, the Department of Financial and
8     Professional Regulation, or "the Department" mean the
9     Department of Health Professional Regulation.
10         (2) References in this Act to the Director of
11     Professional Regulation, the Secretary of Financial and
12     Professional Regulation, "the Director", or "the
13     Secretary" mean the Director of Health Professional
14     Regulation.

15     Section 960. The Massage Licensing Act is amended by adding
16 Section 2 as follows:

17     (225 ILCS 57/2 new)
18     Sec. 2. References to Department or Director of
19 Professional Regulation or Department or Secretary of
20 Financial and Professional Regulation. On and after the
21 effective date of this amendatory Act of the 94th General
22 Assembly, unless the context requires otherwise:
23         (1) References in this Act to the Department of
24     Professional Regulation, the Department of Financial and
25     Professional Regulation, or "the Department" mean the
26     Department of Health Professional Regulation.
27         (2) References in this Act to the Director of
28     Professional Regulation, the Secretary of Financial and
29     Professional Regulation, "the Director", or "the
30     Secretary" mean the Director of Health Professional
31     Regulation.

32     Section 965. The Medical Practice Act of 1987 is amended by
33 adding Section 1.5 as follows:

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1     (225 ILCS 60/1.5 new)
2     Sec. 1.5. References to Department or Director of
3 Professional Regulation or Department or Secretary of
4 Financial and Professional Regulation. On and after the
5 effective date of this amendatory Act of the 94th General
6 Assembly, unless the context requires otherwise:
7         (1) References in this Act to the Department of
8     Professional Regulation, the Department of Financial and
9     Professional Regulation, or "the Department" mean the
10     Department of Health Professional Regulation.
11         (2) References in this Act to the Director of
12     Professional Regulation, the Secretary of Financial and
13     Professional Regulation, "the Director", or "the
14     Secretary" mean the Director of Health Professional
15     Regulation.

16     Section 970. The Naprapathic Practice Act is amended by
17 adding Section 2 as follows:

18     (225 ILCS 63/2 new)
19     Sec. 2. References to Department or Director of
20 Professional Regulation or Department or Secretary of
21 Financial and Professional Regulation. On and after the
22 effective date of this amendatory Act of the 94th General
23 Assembly, unless the context requires otherwise:
24         (1) References in this Act to the Department of
25     Professional Regulation, the Department of Financial and
26     Professional Regulation, or "the Department" mean the
27     Department of Health Professional Regulation.
28         (2) References in this Act to the Director of
29     Professional Regulation, the Secretary of Financial and
30     Professional Regulation, "the Director", or "the
31     Secretary" mean the Director of Health Professional
32     Regulation.

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1     Section 975. The Nursing and Advanced Practice Nursing Act
2 is amended by adding Section 5-2 as follows:

3     (225 ILCS 65/5-2 new)
4     Sec. 5-2. References to Department or Director of
5 Professional Regulation or Department or Secretary of
6 Financial and Professional Regulation. On and after the
7 effective date of this amendatory Act of the 94th General
8 Assembly, unless the context requires otherwise:
9         (1) References in this Act to the Department of
10     Professional Regulation, the Department of Financial and
11     Professional Regulation, or "the Department" mean the
12     Department of Health Professional Regulation.
13         (2) References in this Act to the Director of
14     Professional Regulation, the Secretary of Financial and
15     Professional Regulation, "the Director", or "the
16     Secretary" mean the Director of Health Professional
17     Regulation.

18     Section 980. The Nursing Home Administrators Licensing and
19 Disciplinary Act is amended by adding Section 1.5 as follows:

20     (225 ILCS 70/1.5 new)
21     Sec. 1.5. References to Department or Director of
22 Professional Regulation or Department or Secretary of
23 Financial and Professional Regulation. On and after the
24 effective date of this amendatory Act of the 94th General
25 Assembly, unless the context requires otherwise:
26         (1) References in this Act to the Department of
27     Professional Regulation, the Department of Financial and
28     Professional Regulation, or "the Department" mean the
29     Department of Health Professional Regulation.
30         (2) References in this Act to the Director of
31     Professional Regulation, the Secretary of Financial and
32     Professional Regulation, "the Director", or "the
33     Secretary" mean the Director of Health Professional

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1     Regulation.

2     Section 985. The Illinois Occupational Therapy Practice
3 Act is amended by adding Section 1.5 as follows:

4     (225 ILCS 75/1.5 new)
5     Sec. 1.5. References to Department or Director of
6 Professional Regulation or Department or Secretary of
7 Financial and Professional Regulation. On and after the
8 effective date of this amendatory Act of the 94th General
9 Assembly, unless the context requires otherwise:
10         (1) References in this Act to the Department of
11     Professional Regulation, the Department of Financial and
12     Professional Regulation, or "the Department" mean the
13     Department of Health Professional Regulation.
14         (2) References in this Act to the Director of
15     Professional Regulation, the Secretary of Financial and
16     Professional Regulation, "the Director", or "the
17     Secretary" mean the Director of Health Professional
18     Regulation.

19     Section 990. The Illinois Optometric Practice Act of 1987
20 is amended by adding Section 1.5 as follows:

21     (225 ILCS 80/1.5 new)
22     Sec. 1.5. References to Department or Director of
23 Professional Regulation or Department or Secretary of
24 Financial and Professional Regulation. On and after the
25 effective date of this amendatory Act of the 94th General
26 Assembly, unless the context requires otherwise:
27         (1) References in this Act to the Department of
28     Professional Regulation, the Department of Financial and
29     Professional Regulation, or "the Department" mean the
30     Department of Health Professional Regulation.
31         (2) References in this Act to the Director of
32     Professional Regulation, the Secretary of Financial and

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1     Professional Regulation, "the Director", or "the
2     Secretary" mean the Director of Health Professional
3     Regulation.

4     Section 995. The Mail Order Contact Lens Act is amended by
5 adding Section 2 as follows:

6     (225 ILCS 83/2 new)
7     Sec. 2. References to Department or Director of
8 Professional Regulation or Department or Secretary of
9 Financial and Professional Regulation. On and after the
10 effective date of this amendatory Act of the 94th General
11 Assembly, unless the context requires otherwise:
12         (1) References in this Act to the Department of
13     Professional Regulation, the Department of Financial and
14     Professional Regulation, or "the Department" mean the
15     Department of Health Professional Regulation.
16         (2) References in this Act to the Director of
17     Professional Regulation, the Secretary of Financial and
18     Professional Regulation, "the Director", or "the
19     Secretary" mean the Director of Health Professional
20     Regulation.

21     Section 1000. The Orthotics, Prosthetics, and Pedorthics
22 Practice Act is amended by adding Section 2 as follows:

23     (225 ILCS 84/2 new)
24     Sec. 2. References to Department or Director of
25 Professional Regulation or Department or Secretary of
26 Financial and Professional Regulation. On and after the
27 effective date of this amendatory Act of the 94th General
28 Assembly, unless the context requires otherwise:
29         (1) References in this Act to the Department of
30     Professional Regulation, the Department of Financial and
31     Professional Regulation, or "the Department" mean the
32     Department of Health Professional Regulation.

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1         (2) References in this Act to the Director of
2     Professional Regulation, the Secretary of Financial and
3     Professional Regulation, "the Director", or "the
4     Secretary" mean the Director of Health Professional
5     Regulation.

6     Section 1005. The Pharmacy Practice Act of 1987 is amended
7 by adding Section 1.5 as follows:

8     (225 ILCS 85/1.5 new)
9     Sec. 1.5. References to Department or Director of
10 Professional Regulation or Department or Secretary of
11 Financial and Professional Regulation. On and after the
12 effective date of this amendatory Act of the 94th General
13 Assembly, unless the context requires otherwise:
14         (1) References in this Act to the Department of
15     Professional Regulation, the Department of Financial and
16     Professional Regulation, or "the Department" mean the
17     Department of Health Professional Regulation.
18         (2) References in this Act to the Director of
19     Professional Regulation, the Secretary of Financial and
20     Professional Regulation, "the Director", or "the
21     Secretary" mean the Director of Health Professional
22     Regulation.

23     Section 1010. The Illinois Physical Therapy Act is amended
24 by adding Section 0.02 as follows:

25     (225 ILCS 90/0.02 new)
26     Sec. 0.02. References to Department or Director of
27 Professional Regulation or Department or Secretary of
28 Financial and Professional Regulation. On and after the
29 effective date of this amendatory Act of the 94th General
30 Assembly, unless the context requires otherwise:
31         (1) References in this Act to the Department of
32     Professional Regulation, the Department of Financial and

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1     Professional Regulation, or "the Department" mean the
2     Department of Health Professional Regulation.
3         (2) References in this Act to the Director of
4     Professional Regulation, the Secretary of Financial and
5     Professional Regulation, "the Director", or "the
6     Secretary" mean the Director of Health Professional
7     Regulation.

8     Section 1015. The Physician Assistant Practice Act of 1987
9 is amended by adding Section 1.5 as follows:

10     (225 ILCS 95/1.5 new)
11     Sec. 1.5. References to Department or Director of
12 Professional Regulation or Department or Secretary of
13 Financial and Professional Regulation. On and after the
14 effective date of this amendatory Act of the 94th General
15 Assembly, unless the context requires otherwise:
16         (1) References in this Act to the Department of
17     Professional Regulation, the Department of Financial and
18     Professional Regulation, or "the Department" mean the
19     Department of Health Professional Regulation.
20         (2) References in this Act to the Director of
21     Professional Regulation, the Secretary of Financial and
22     Professional Regulation, "the Director", or "the
23     Secretary" mean the Director of Health Professional
24     Regulation.

25     Section 1020. The Podiatric Medical Practice Act of 1987 is
26 amended by adding Section 1.5 as follows:

27     (225 ILCS 100/1.5 new)
28     Sec. 1.5. References to Department or Director of
29 Professional Regulation or Department or Secretary of
30 Financial and Professional Regulation. On and after the
31 effective date of this amendatory Act of the 94th General
32 Assembly, unless the context requires otherwise:

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1         (1) References in this Act to the Department of
2     Professional Regulation, the Department of Financial and
3     Professional Regulation, or "the Department" mean the
4     Department of Health Professional Regulation.
5         (2) References in this Act to the Director of
6     Professional Regulation, the Secretary of Financial and
7     Professional Regulation, "the Director", or "the
8     Secretary" mean the Director of Health Professional
9     Regulation.

10     Section 1025. The Respiratory Care Practice Act is amended
11 by adding Section 2 as follows:

12     (225 ILCS 106/2 new)
13     Sec. 2. References to Department or Director of
14 Professional Regulation or Department or Secretary of
15 Financial and Professional Regulation. On and after the
16 effective date of this amendatory Act of the 94th General
17 Assembly, unless the context requires otherwise:
18         (1) References in this Act to the Department of
19     Professional Regulation, the Department of Financial and
20     Professional Regulation, or "the Department" mean the
21     Department of Health Professional Regulation.
22         (2) References in this Act to the Director of
23     Professional Regulation, the Secretary of Financial and
24     Professional Regulation, "the Director", or "the
25     Secretary" mean the Director of Health Professional
26     Regulation.

27     Section 1030. The Professional Counselor and Clinical
28 Professional Counselor Licensing Act is amended by adding
29 Section 2 as follows:

30     (225 ILCS 107/2 new)
31     Sec. 2. References to Department or Director of
32 Professional Regulation or Department or Secretary of

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1 Financial and Professional Regulation. On and after the
2 effective date of this amendatory Act of the 94th General
3 Assembly, unless the context requires otherwise:
4         (1) References in this Act to the Department of
5     Professional Regulation, the Department of Financial and
6     Professional Regulation, or "the Department" mean the
7     Department of Health Professional Regulation.
8         (2) References in this Act to the Director of
9     Professional Regulation, the Secretary of Financial and
10     Professional Regulation, "the Director", or "the
11     Secretary" mean the Director of Health Professional
12     Regulation.

13     Section 1035. The Illinois Speech-Language Pathology and
14 Audiology Practice Act is amended by adding Section 1.5 as
15 follows:

16     (225 ILCS 110/1.5 new)
17     Sec. 1.5. References to Department or Director of
18 Professional Regulation or Department or Secretary of
19 Financial and Professional Regulation. On and after the
20 effective date of this amendatory Act of the 94th General
21 Assembly, unless the context requires otherwise:
22         (1) References in this Act to the Department of
23     Professional Regulation, the Department of Financial and
24     Professional Regulation, or "the Department" mean the
25     Department of Health Professional Regulation.
26         (2) References in this Act to the Director of
27     Professional Regulation, the Secretary of Financial and
28     Professional Regulation, "the Director", or "the
29     Secretary" mean the Director of Health Professional
30     Regulation.

31     Section 1040. The Wholesale Drug Distribution Licensing
32 Act is amended by adding Section 2 as follows:

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1     (225 ILCS 120/2 new)
2     Sec. 2. References to Department or Director of
3 Professional Regulation or Department or Secretary of
4 Financial and Professional Regulation. On and after the
5 effective date of this amendatory Act of the 94th General
6 Assembly, unless the context requires otherwise:
7         (1) References in this Act to the Department of
8     Professional Regulation, the Department of Financial and
9     Professional Regulation, or "the Department" mean the
10     Department of Health Professional Regulation.
11         (2) References in this Act to the Director of
12     Professional Regulation, the Secretary of Financial and
13     Professional Regulation, "the Director", or "the
14     Secretary" mean the Director of Health Professional
15     Regulation.

16     Section 1045. The Perfusionist Practice Act is amended by
17 adding Section 2 as follows:

18     (225 ILCS 125/2 new)
19     Sec. 2. References to Department or Director of
20 Professional Regulation or Department or Secretary of
21 Financial and Professional Regulation. On and after the
22 effective date of this amendatory Act of the 94th General
23 Assembly, unless the context requires otherwise:
24         (1) References in this Act to the Department of
25     Professional Regulation, the Department of Financial and
26     Professional Regulation, or "the Department" mean the
27     Department of Health Professional Regulation.
28         (2) References in this Act to the Director of
29     Professional Regulation, the Secretary of Financial and
30     Professional Regulation, "the Director", or "the
31     Secretary" mean the Director of Health Professional
32     Regulation.

33     Section 1050. The Registered Surgical Assistant and

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1 Registered Surgical Technologist Title Protection Act is
2 amended by adding Section 2 as follows:

3     (225 ILCS 130/2 new)
4     Sec. 2. References to Department or Director of
5 Professional Regulation or Department or Secretary of
6 Financial and Professional Regulation. On and after the
7 effective date of this amendatory Act of the 94th General
8 Assembly, unless the context requires otherwise:
9         (1) References in this Act to the Department of
10     Professional Regulation, the Department of Financial and
11     Professional Regulation, or "the Department" mean the
12     Department of Health Professional Regulation.
13         (2) References in this Act to the Director of
14     Professional Regulation, the Secretary of Financial and
15     Professional Regulation, "the Director", or "the
16     Secretary" mean the Director of Health Professional
17     Regulation.

18     Section 1055. The Genetic Counselor Licensing Act is
19 amended by adding Section 2 as follows:

20     (225 ILCS 135/2 new)
21     Sec. 2. References to Department or Director of
22 Professional Regulation or Department or Secretary of
23 Financial and Professional Regulation. On and after the
24 effective date of this amendatory Act of the 94th General
25 Assembly, unless the context requires otherwise:
26         (1) References in this Act to the Department of
27     Professional Regulation, the Department of Financial and
28     Professional Regulation, or "the Department" mean the
29     Department of Health Professional Regulation.
30         (2) References in this Act to the Director of
31     Professional Regulation, the Secretary of Financial and
32     Professional Regulation, "the Director", or "the
33     Secretary" mean the Director of Health Professional

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1     Regulation.

2     Section 9999. Effective date. This Act takes effect July 1,
3 2005.

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1 INDEX
2 Statutes amended in order of appearance

3     New Act

4     20 ILCS 5/5-15 was 20 ILCS 5/3

5     20 ILCS 5/5-20 was 20 ILCS 5/4

6     20 ILCS 5/5-347 new

7     225 ILCS 2/2 new

8     225 ILCS 5/1.5 new

9     225 ILCS 15/1.5 new

10     225 ILCS 20/1.5 new

11     225 ILCS 25/1.5 new

12     225 ILCS 30/2 new

13     225 ILCS 37/2 new

14     225 ILCS 41/1-2 new

15     225 ILCS 51/2 new

16     225 ILCS 55/2 new

17     225 ILCS 57/2 new

18     225 ILCS 60/1.5 new

19     225 ILCS 63/2 new

20     225 ILCS 65/5-2 new

21     225 ILCS 70/1.5 new

22     225 ILCS 75/1.5 new

23     225 ILCS 80/1.5 new

24     225 ILCS 83/2 new

25     225 ILCS 84/2 new

26     225 ILCS 85/1.5 new

27     225 ILCS 90/0.02 new

28     225 ILCS 95/1.5 new

29     225 ILCS 100/1.5 new

30     225 ILCS 106/2 new

31     225 ILCS 107/2 new

32     225 ILCS 110/1.5 new

33     225 ILCS 120/2 new

34     225 ILCS 125/2 new

35     225 ILCS 130/2 new

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1     225 ILCS 135/2 new

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