Illinois General Assembly - Full Text of HB3146
Illinois General Assembly

Previous General Assemblies

Full Text of HB3146  93rd General Assembly

HB3146eng 93rd General Assembly


HB3146 Engrossed                     LRB093 07790 AMC 07979 b

 1        AN ACT concerning professional regulation.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.   Short  title.  This Act may be cited as the
 5    Registered  Surgical  Assistant   and   Registered   Surgical
 6    Technologist Title Protection Act.

 7        Section 5.  Legislative purpose.  Given the nature of the
 8    surgical assistant's and surgical technologist's roles in the
 9    operating  room  and  the implications for patient safety and
10    quality care, it is in the public  interest  to  ensure  that
11    qualified  personnel  accomplish these roles.  The purpose of
12    this Act is to protect  and benefit  the  public  by  setting
13    standards   of   qualifications,   education,  training,  and
14    experience for those who seek to hold the title of registered
15    surgical assistant and registered surgical technologist.

16        Section 10.  Definitions.  As used in this Act:
17        "Board"  means  the  Board  of  Perfusion  and   Surgical
18    Assisting.
19        "Department"   means   the   Department  of  Professional
20    Regulation.
21        "Direct supervision" means supervision  by  an  operating
22    physician  who  is  physically  present  and  who  personally
23    directs  delegated  acts and remains immediately available to
24    personally respond to  an  emergency  until  the  patient  is
25    released  from  the  operating  room  or  care  and  has been
26    transferred to another physician.
27        "Director" means the Director of Professional Regulation.
28        "Physician"  or  "operating  physician"  means  a  person
29    licensed to practice medicine in all of  its  branches  under
30    the Medical Practice Act of 1987.
HB3146 Engrossed            -2-      LRB093 07790 AMC 07979 b
 1        "Registered surgical assistant" means a person who (i) is
 2    not  licensed  to  practice  medicine in all of its branches,
 3    (ii)  is  certified  by  the  National   Surgical   Assistant
 4    Association  on the Certification of Surgical Assistants, the
 5    Liaison  Council  on     Certification   for   the   Surgical
 6    Technologist  as a certified first assistant, or the American
 7    Board of Surgical Assisting, and (iii)  is  registered  under
 8    this  Act.  A surgical assistant may provide aid to operating
 9    physicians in  exposure,    hemostats,  and  other  technical
10    functions  as  described  in Section 50 of this Act that will
11    help an operating physician to perform a safe operation  with
12    optimal results for the  patient.
13        "Registered surgical technologist" means a person who (i)
14    is  not  a physician licensed to practice  medicine in all of
15    its branches, (ii) is certified by  the  Liaison  Council  on
16    Certification  for  the  Surgical  Technologist, and (iii) is
17    registered  under  this  Act  to  facilitate  the  safe   and
18    effective   conduct   of  invasive  surgical  procedures.   A
19    surgical technologist may ensure that the operating  room  or
20    environment  is  safe, that equipment functions properly, and
21    that the operative procedure is  conducted  under  conditions
22    that  maximize patient safety.  A surgical technologist shall
23    possess expertise in the theory and  application  of  sterile
24    aseptic   technique  and  combines  the  knowledge  of  human
25    anatomy, surgical procedures, and  implementation  tools  and
26    technologies   to   facilitate   the   operating  physician's
27    performance   of   invasive   therapeutic   and    diagnostic
28    procedures.

29        Section 15.  Powers and duties of the Department.
30        (a)  The  Department shall exercise the powers and duties
31    prescribed by the Civil Administrative Code of  Illinois  and
32    shall  exercise  any  other  powers  and duties necessary for
33    effectuating the purposes of this Act.
HB3146 Engrossed            -3-      LRB093 07790 AMC 07979 b
 1        (b)  The Department may adopt rules consistent  with  the
 2    provisions of this Act for its administration and enforcement
 3    and  may  prescribe  forms that shall be issued in connection
 4    with this Act. The rules may include but are not  limited  to
 5    standards   and   criteria   for  registration,  professional
 6    conduct, and discipline.

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

23        Section    25.    Application   for   registration.    An
24    application for an initial registration shall be made to  the
25    Department  in  writing on forms prescribed by the Department
26    and shall be accompanied by the required  nonrefundable  fee.
27    An   application  shall  require  information  that,  in  the
28    judgment of the Department, will  enable  the  Department  to
29    evaluate the qualifications of an applicant for registration.
30        If   an  applicant  fails  to  obtain  a  certificate  of
31    registration under this Act within 3 years after  filing  his
32    or  her  application,  the  application shall be denied.  The
HB3146 Engrossed            -4-      LRB093 07790 AMC 07979 b
 1    applicant  may  make  a  new  application,  which  shall   be
 2    accompanied by the required nonrefundable fee.

 3        Section   30.  Social  Security  Number  on  registration
 4    application.  In addition to any other  information  required
 5    to be contained in the application, every  application for an
 6    original,  renewal,  or  restored certificate of registration
 7    under this Act shall include the applicant's Social  Security
 8    Number.

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

12        Section  40.   Application of Act.  This Act shall not be
13    construed to prohibit the following:
14             (1)  A person licensed in this State under any other
15        Act from engaging in  the practice for which he or she is
16        licensed,  including  but  not  limited  to  a  physician
17        assistant  or  nurse  performing  surgery-related   tasks
18        within  the  scope  of  his or her license, nor are these
19        individuals required to be registered under this Act.
20             (2)  A  person  from  engaging  in  practice  as   a
21        surgical   assistant  or  surgical  technologist  in  the
22        discharge of his or her official duties as an employee of
23        the United States government.
24             (3)  One or more registered surgical assistants from
25        forming a professional  service corporation in accordance
26        with  the  Professional  Service  Corporation   Act   and
27        applying   for   licensure  as  a  corporation  providing
28        surgical assistant services.
29             (4)  A student engaging in practice  as  a  surgical
30        assistant  or  surgical  technologist  under  the  direct
31        supervision  of a physician licensed to practice medicine
HB3146 Engrossed            -5-      LRB093 07790 AMC 07979 b
 1        in all of its branches as part of his or her  program  of
 2        study  at  a  school  approved  by  the  Department or in
 3        preparation to qualify for the examination as  prescribed
 4        under Sections 50 and 55 of this Act.
 5             (5)  A  person  from  assisting  in  surgery  at  an
 6        operating physician's discretion.
 7             (6)  A  hospital, health system or network, or other
 8        organization that provides surgery-related services  from
 9        employing  individuals  that  the  organization considers
10        competent to assist in surgery.  These entities  are  not
11        required  to  utilize  registered  surgical assistants or
12        registered   surgical   technologists   when    providing
13        surgery-related services to their patients.

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

31        Section    50.    Registration   requirements;   surgical
32    assistant.  A person shall  qualify  for  registration  as  a
HB3146 Engrossed            -6-      LRB093 07790 AMC 07979 b
 1    surgical assistant if he or she has applied in writing on the
 2    prescribed form, has paid the required fees, and meets all of
 3    the following requirements:
 4             (1)  Is at least 21 years of age.
 5             (2)  Has  not  violated a provision of Section 95 of
 6        this Act.  In  addition  the  Department  may  take  into
 7        consideration any felony conviction of the applicant, but
 8        a    conviction  shall  not operate as an absolute bar to
 9        registration.
10             (3)  Has  completed  a  medical  education   program
11        approved by the Department or has graduated from a United
12        States   Military   Program   that   emphasized  surgical
13        assisting.
14             (4)  Has   successfully   completed    a    national
15        certifying examination approved by the Department.
16             (5)  Has   submitted   a  notarized  letter  from  a
17        sponsoring physician verifying the  surgical  assistant's
18        expertise   in  each  specialty  in  which  the  surgical
19        assistant will be working.
20             (6)  Is currently certified by the National Surgical
21        Assistant Association on the  Certification  of  Surgical
22        Assistants,  the Liaison Council on Certification for the
23        Surgical Technologist as a certified first assistant,  or
24        the American Board of Surgical Assisting.

25        Section    55.    Registration   requirements;   surgical
26    technologist.  A person shall qualify for  registration as  a
27    surgical  technologist if he or she has applied in writing on
28    the prescribed form, has paid the required  fees,  and  meets
29    all of the following requirements:
30             (1)  Is at least 18 years of age.
31             (2)  Has  not  violated a provision of Section 95 of
32        this Act.  In  addition  the  Department  may  take  into
33        consideration any felony conviction of the applicant, but
HB3146 Engrossed            -7-      LRB093 07790 AMC 07979 b
 1        a    conviction  shall  not operate as an absolute bar to
 2        registration.
 3             (3)  Has completed a surgical  technologist  program
 4        approved by the Department.
 5             (4)  Has   successfully   completed   the   surgical
 6        technologist  national certification examination provided
 7        by the Liaison Council on Certification for the  Surgical
 8        Technologist or its successor agency.
 9             (6)  Is  currently  certified by the Liaison Council
10        on Certification for the  Surgical  Technologist  or  its
11        successor  agency  and has met the requirements set forth
12        for certification.

13        Section   60.    Supervision   requirement.    A   person
14    registered under  this  Act  shall  practice  as  a  surgical
15    assistant  only under the direct supervision of the operating
16    physician.

17        Section  65.   Expiration;   restoration;  renewal.   The
18    expiration date and renewal period for  each  certificate  of
19    registration  issued  under  this  Act  shall be  set  by the
20    Department by rule.  Renewal shall be conditioned  on  paying
21    the  required  fee  and  meeting other requirements as may be
22    established by rule.
23        A  registrant  who   has    permitted    his    or    her
24    registration   to   expire   or  who   has   had   his or her
25    registration on  inactive status may  have  the  registration
26    restored   by   making   application   to  the Department, by
27    filing proof acceptable to  the  Department  of  his  or  her
28    fitness   to   have   the   registration  restored,   and  by
29    paying the required fees.  Proof  of  fitness   may   include
30    sworn   evidence  certifying   to  active  lawful practice in
31    another jurisdiction.
32        If the registrant has not maintained  an  active practice
HB3146 Engrossed            -8-      LRB093 07790 AMC 07979 b
 1    in another jurisdiction  satisfactory   to   the  Department,
 2    the  Department  shall   determine, by an  evaluation program
 3    established    by   rule,   his   or   her      fitness   for
 4    restoration   of   the   registration   and  shall  establish
 5    procedures  and  requirements  for  restoration.  However,  a
 6    registrant whose registration expired while  he  or  she  was
 7    (1)  in  federal service on active duty with the Armed Forces
 8    of the  United  States  or  the  State Militia  called   into
 9    service  or  training  or  (2) in training or education under
10    the  supervision  of  the  United   States  before  induction
11    into the military service, may have the registration restored
12    without  paying any lapsed renewal  fees if  within  2  years
13    after  honorable  termination  of  the service, training,  or
14    education   he   or   she  furnishes  the   Department   with
15    satisfactory  evidence  to  the effect  that  he or  she  has
16    been  so  engaged  and that his or her service, training,  or
17    education has been so terminated.

18        Section  70.  Inactive status.  A registrant who notified
19    the  Department  in  writing  on  forms  prescribed  by   the
20    Department  may  elect  to place  his  or her registration on
21    inactive   status   and   shall,   subject    to rules of the
22    Department,  be excused from payment of renewal fees until he
23    or she notifies the Department  in  writing  of  his  or  her
24    intention  to  restore   the   registration.   A   registrant
25    requesting  restoration  from  inactive  status shall pay the
26    current renewal fee and shall restore his or her registration
27    in accordance with Section 65 of this Act. A registrant whose
28    license is on inactive  status  shall  not  hold  himself  or
29    herself  out as a registered surgical assistant or registered
30    surgical  technologist.   To  do  so  shall  be  grounds  for
31    discipline under Section 80 of this Act.

32        Section 75.  Fees; returned checks.
HB3146 Engrossed            -9-      LRB093 07790 AMC 07979 b
 1        (a)  The Department  shall  set  by  rule  fees  for  the
 2    administration of this Act, including but not limited to fees
 3    for  initial  and  renewal  registration and restoration of a
 4    certificate of registration.
 5        (b)  A person   who delivers  a  check or  other  payment
 6    to  the  Department  that  is  returned   to  the  Department
 7    unpaid   by   the   financial institution    upon  which   it
 8    is  drawn  shall  pay  to  the Department, in addition to the
 9    amount already  owed  to  the Department,  a fine of $50. The
10    fines  imposed  by  this  Section  are  in  addition  to  any
11    other  discipline  provided  under  this Act. The  Department
12    shall notify the person that fees and fines shall be  paid to
13    the  Department   by   certified   check   or   money   order
14    within 30 calendar days of the notification.  If,  after  the
15    expiration of  30 days from the date of the notification, the
16    person  has  failed to submit the  necessary  remittance, the
17    Department shall automatically terminate the registration  or
18    deny  the application without a hearing.  If the person seeks
19    a license after termination or denial, he or she shall  apply
20    to  the Department for restoration or issuance of the license
21    and pay all fees  and  fines  due  to  the  Department.   The
22    Department  may  establish   a  fee  for the processing of an
23    application for  restoration  of  a  license  to  defray  the
24    expenses  of  processing  the  application.  The Director may
25    waive the fines due under this Section in individual cases if
26    the Director finds that the fines would  be  unreasonable  or
27    unnecessarily burdensome.
28        (c)  All  of  the fees and fines collected under this Act
29    shall be deposited into  the  General  Professions  Dedicated
30    Fund. All moneys in the Fund shall be used by the Department,
31    as  appropriated, for the ordinary and contingent expenses of
32    the Department.

33        Section 80. Grounds for disciplinary action.
HB3146 Engrossed            -10-     LRB093 07790 AMC 07979 b
 1        (a)  The  Department  may  refuse  to  issue,  renew,  or
 2    restore a registration, may revoke or suspend a registration,
 3    or may place on probation, censure, reprimand, or take  other
 4    disciplinary  action with regard to a person registered under
 5    this Act, including but not  limited  to  the  imposition  of
 6    fines not to exceed $5,000 for each violation, for any one or
 7    combination of the following causes:
 8             (1)  Making  a  material  misstatement in furnishing
 9        information to the Department.
10             (2)  Violating a provision of this Act or its rules.
11             (3)  Conviction under the laws of  a  United  States
12        jurisdiction   of   a   crime  that  is  a  felony  or  a
13        misdemeanor, an essential element of which is dishonesty,
14        or of a crime that is directly related to the practice as
15        a surgical assistant.
16             (4)  Making a misrepresentation for the  purpose  of
17        obtaining, renewing, or restoring a registration.
18             (5)  Wilfully  aiding or assisting another person in
19        violating a provision of this Act or its rules.
20             (6)  Failing to provide information within  60  days
21        in response to a written request made by the Department.
22             (7)  Engaging   in   dishonorable,   unethical,   or
23        unprofessional  conduct of a character likely to deceive,
24        defraud, or harm the public, as defined by  rule  of  the
25        Department.
26             (8)  Discipline    by    another    United    States
27        jurisdiction  or  foreign  nation, if at least one of the
28        grounds for  discipline  is  the  same  or  substantially
29        equivalent to those set forth in this Section.
30             (9)  Directly  or  indirectly giving to or receiving
31        from  a  person,  firm,  corporation,   partnership,   or
32        association  a  fee, commission, rebate, or other form of
33        compensation for professional services  not  actually  or
34        personally rendered.
HB3146 Engrossed            -11-     LRB093 07790 AMC 07979 b
 1             (10)  A   finding   by   the   Department  that  the
 2        registrant, after having his or her  registration  placed
 3        on   probationary  status,  has  violated  the  terms  of
 4        probation.
 5             (11)  Wilfully making or  filing  false  records  or
 6        reports in his or her practice, including but not limited
 7        to false records or reports filed with State agencies.
 8             (12)  Wilfully  making or signing a false statement,
 9        certificate, or affidavit to induce payment.
10             (13)  Wilfully failing  to  report  an  instance  of
11        suspected  child  abuse  or neglect as required under the
12        Abused and Neglected Child Reporting Act.
13             (14)  Being named as a perpetrator in  an  indicated
14        report  by the Department of Children and Family Services
15        under the Abused and Neglected Child  Reporting  Act  and
16        upon  proof  by  clear  and  convincing evidence that the
17        licensee has caused a child to  be  an  abused  child  or
18        neglected  child  as  defined in the Abused and Neglected
19        Child Reporting Act.
20             (15)  Employment  of  fraud,   deception,   or   any
21        unlawful means in applying for or securing a license as a
22        surgical assistant.
23             (16)  Failure  to  report  to the Department (A) any
24        adverse  final  action  taken  against  the  licensee  by
25        another licensing jurisdiction,  government  agency,  law
26        enforcement  agency,  or  any  court or (B) liability for
27        conduct that would constitute grounds for action  as  set
28        forth in this Section.
29             (17)  Habitual  intoxication or addiction to the use
30        of drugs.
31             (18)  Physical illness, including but not limited to
32        deterioration through the aging process or loss of  motor
33        skills,  which  results  in the inability to practice the
34        profession  for  which  he  or  she  is  registered  with
HB3146 Engrossed            -12-     LRB093 07790 AMC 07979 b
 1        reasonable judgment, skill, or safety.
 2             (19)  Gross  malpractice  resulting   in   permanent
 3        injury or death of a patient.
 4             (20)  Immoral  conduct  in  the commission of an act
 5        related to the registrant's practice, including  but  not
 6        limited  to  sexual  abuse,  sexual misconduct, or sexual
 7        exploitation.
 8             (21)  Violation   of   the   Health   Care    Worker
 9        Self-Referral Act.
10        (b)   The  Department  may refuse to issue or may suspend
11    the registration of a person who fails to file a  return,  to
12    pay the tax, penalty, or interest shown in a filed return, or
13    to pay a final assessment of the tax, penalty, or interest as
14    required  by  a  tax  Act  administered  by the Department of
15    Revenue, until the requirements of the tax Act are satisfied.
16        (c)  The  determination  by  a  circuit  court   that   a
17    registrant  is  subject  to involuntary admission or judicial
18    admission as provided in the Mental Health and  Developmental
19    Disabilities  Code  operates  as an automatic suspension. The
20    suspension will end only upon (1) a finding by a  court  that
21    the  patient is no longer subject to involuntary admission or
22    judicial admission, (2) issuance of an order so  finding  and
23    discharging  the  patient,  and (3) the recommendation of the
24    Department to the Director that the registrant be allowed  to
25    resume his or her practice.

26        Section 85.  Cease and desist order.
27        (a)   If  a  person violates a provision of this Act, the
28    Director, in the name of the People of the State of  Illinois
29    through the Attorney General of the State of Illinois, or the
30    State's  Attorney  of a county in which the violation occurs,
31    may petition for an order enjoining the violation or  for  an
32    order  enforcing compliance with this Act. Upon the filing of
33    a verified petition in court, the court may issue a temporary
HB3146 Engrossed            -13-     LRB093 07790 AMC 07979 b
 1    restraining  order   without   notice   or   bond   and   may
 2    preliminarily  and permanently enjoin the violation. If it is
 3    established that the registrant has violated or is  violating
 4    the  injunction,  the  court  may  punish  the  offender  for
 5    contempt  of  court.  Proceedings under this Section shall be
 6    in addition to, and not in lieu of, all  other  remedies  and
 7    penalties provided by this Act.
 8        (b)   If  a  person  holds  himself  or  herself out as a
 9    surgical assistant or  surgical  technologist  without  being
10    registered  under  this  Act,  then any registrant under this
11    Act, interested party, or person injured thereby, in addition
12    to the Director or State's Attorney, may petition for  relief
13    as provided in subsection (a) of this Section.
14        (c)   If the Department determines that a person violated
15    a provision of this Act, the Department may issue a  rule  to
16    show  cause  why  an  order to cease and desist should not be
17    entered against him or her. The rule shall clearly set  forth
18    the grounds relied upon by the Department and shall provide a
19    period  of 7 days from the date of the rule to file an answer
20    to the satisfaction of the Department.  Failure to answer  to
21    the  satisfaction  of  the Department shall cause an order to
22    cease and desist to be issued immediately.

23        Section     90.  Investigation;     notice;      hearing.
24    Certificates   of   registration  may  be  refused,  revoked,
25    suspended, or otherwise disciplined in the manner provided by
26    this Act and not otherwise.  The Department may upon its  own
27    motion  and  shall  upon the verified complaint in writing of
28    any  person  setting  forth  facts  that  if   proven   would
29    constitute  grounds for refusal to issue or for suspension or
30    revocation under this  Act,  investigate  the  actions  of  a
31    person   applying   for,  holding,  or  claiming  to  hold  a
32    certificate of registration.  The  Department  shall,  before
33    refusing  to  issue  or  renew,  suspending,  or  revoking  a
HB3146 Engrossed            -14-     LRB093 07790 AMC 07979 b
 1    certificate   of  registration  or  taking  other  discipline
 2    pursuant to Section 80 of this Act,  and  at  least  30  days
 3    prior  to the date set for the hearing, notify in writing the
 4    applicant or licensee of any charges made, shall  afford  the
 5    applicant  or  registration  an  opportunity  to  be heard in
 6    person or by counsel in reference to the charges, and  direct
 7    the  applicant  or registrant to file a written answer to the
 8    Department under oath within 20 days after the service of the
 9    notice and inform the applicant or registrant that failure to
10    file an answer will result in default being taken against the
11    applicant  or  registrant  and  that   the   certificate   of
12    registration   may   be   suspended,   revoked,   placed   on
13    probationary  status,  or  other  disciplinary  action may be
14    taken, including limiting the scope,  nature,  or  extent  of
15    practice,  as  the  Director may deem proper.  Written notice
16    may be served  by  personal  delivery  to  the  applicant  or
17    registrant  or by mailing the notice by certified mail to his
18    or her last known place of  residence  or  to  the  place  of
19    business last specified by the applicant or registrant in his
20    or  her  last  notification to the Department.  If the person
21    fails to file an answer after receiving notice,  his  or  her
22    certificate  of  registration  may,  in the discretion of the
23    Department, be suspended, revoked, or placed on  probationary
24    status  or  the  Department  may  take  whatever disciplinary
25    action deemed proper, including limiting the  scope,  nature,
26    or  extent  of  the  person's practice or the imposition of a
27    fine,  without  a  hearing,  if  the  act  or  acts   charged
28    constitute sufficient grounds for such action under this Act.
29    At  the  time  and  place fixed in the notice, the Department
30    shall  proceed  to  hearing  of  the  charges  and  both  the
31    applicant or registrant and the complainant shall be afforded
32    ample opportunity to present, in person or  by  counsel,  any
33    statements,  testimony,  evidence,  and arguments that may be
34    pertinent to the charges or to their defense.  The Department
HB3146 Engrossed            -15-     LRB093 07790 AMC 07979 b
 1    may continue a hearing from time to time. The Department  may
 2    continue a hearing for a period not to exceed 30 days.

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

15        Section 100. Order for production of documents. A circuit
16    court   may,  upon  application  of  the  Department  or  its
17    designee, or of the applicant or  registration  against  whom
18    proceedings  pursuant  to Section 90 of this Act are pending,
19    enter an order requiring  the  attendance  of  witnesses  and
20    their  testimony  and  the  production  of documents, papers,
21    files, books, and records in connection  with  a  hearing  or
22    investigation  authorized  by this Act.  The court may compel
23    obedience to its order through contempt proceedings.

24        Section 105. Subpoena power. The Department has the power
25    to subpoena and bring before it any person in this State  and
26    to take testimony orally or by deposition, with the same fees
27    and  mileage  and  in the same manner as prescribed by law in
28    judicial proceedings in civil cases in circuit courts of this
29    State. The Director shall have the authority  to  administer,
30    at  any  hearing that the Department is authorized to conduct
31    under this Act, oaths to  witnesses  and  any    other  oaths
HB3146 Engrossed            -16-     LRB093 07790 AMC 07979 b
 1    authorized  to  be  administered by the Department under this
 2    Act.

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

23        Section  115.  Motion for rehearing.  In a case involving
24    the refusal  to    issue  or  renew  a  registration  or  the
25    discipline of a registrant, a copy of the Department's report
26    shall  be  served  upon  the  respondent  by  the Department,
27    either personally or as provided under Section 20 of this Act
28    for the service of the notice of hearing.   Within  20   days
29    after   the  service,  the  respondent  may  present  to  the
30    Department a motion in writing for a rehearing,  which  shall
31    specify  the particular grounds for a rehearing. If no motion
32    for  rehearing is  filed, then upon  the  expiration  of  the
HB3146 Engrossed            -17-     LRB093 07790 AMC 07979 b
 1    time  specified  for  filing  the  motion, or if a motion for
 2    rehearing is denied, then upon the denial the  Director   may
 3    enter   an   order   in accordance  with  recommendations  of
 4    the Department, except as provided in Section 120 or  125  of
 5    this   Act.    If the  respondent  orders a transcript of the
 6    record from the reporting service and pays for the transcript
 7    within the time for filing a motion for rehearing, the 20-day
 8    period within which such a motion may be filed shall commence
 9    upon the delivery  of  the transcript to the respondent.

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

30        Section 125. Hearing officer. The Director shall have the
31    authority  to appoint an attorney licensed to practice law in
32    this State to serve as  the  hearing  officer  in  a  hearing
HB3146 Engrossed            -18-     LRB093 07790 AMC 07979 b
 1    authorized  under Section 90 of this Act. The hearing officer
 2    shall have  full  authority  to  conduct  the  hearing.   The
 3    hearing  officer  shall  report  his or her findings of fact,
 4    conclusions of law, and recommendations to the Department. If
 5    the Director disagrees in any regard with the report  of  the
 6    Department,  he or she may issue an order in contravention of
 7    the report. The  Director shall provide a written explanation
 8    to the Department on a deviation from the Department's report
 9    and shall specify with particularity the reasons for  his  or
10    her deviation in the final order.

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

15        Section  135.  Order;  prima  facie  proof. An order or a
16    certified copy of an order, over the seal of  the  Department
17    and  purporting  to be signed by the Director, shall be prima
18    facie proof that:
19        (1)  the  signature  is  the  genuine  signature  of  the
20    Director; and
21        (2)  the Director is duly appointed and qualified.

22        Section 140. Restoration of  registration.  At  any  time
23    after  the  suspension  or  revocation  of  a  certificate of
24    registration, the Department may restore it to the registrant
25    unless, after an investigation and a hearing, the  Department
26    determines  that  restoration  is not in the public interest.
27    Where circumstances of suspension or revocation so  indicate,
28    the  Department  may require an examination of the registrant
29    before restoring his or her certificate of registration.

30        Section 145. Surrender of  certificate  of  registration.
HB3146 Engrossed            -19-     LRB093 07790 AMC 07979 b
 1    Upon  the  revocation  or  suspension  of  a  certificate  of
 2    registration,  the registrant shall immediately surrender the
 3    certificate  of  registration  to  the  Department.  If   the
 4    registrant  fails  to  do  so,  the Department shall have the
 5    right to seize the certificate of registration.

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

17        Section 155.  Certificate of record. The Department shall
18    not be required to certify any record to a court or  file  an
19    answer  in court or otherwise appear in a court in a judicial
20    review proceeding unless there is filed in  the  court,  with
21    the  complaint,  a  receipt from the Department acknowledging
22    payment of the costs of furnishing and certifying the record.
23    Failure on the part of the plaintiff to  file  a  receipt  in
24    court shall be grounds for dismissal of the action.

25        Section   160.   Administrative  Review  Law.  All  final
26    administrative decisions of the  Department  are  subject  to
27    judicial  review  under the Administrative Review Law and its
28    rules. The term "administrative decision" is  defined  as  in
29    Section 3-101 of the Code of Civil Procedure. Proceedings for
30    judicial  review  shall  be commenced in the circuit court of
31    the county in which the party seeking review resides. If  the
HB3146 Engrossed            -20-     LRB093 07790 AMC 07979 b
 1    party  seeking  review is not a resident of this State, venue
 2    shall be in Sangamon County.

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

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

23        Section  175.   Home  rule  powers.   The  regulation  of
24    surgical  assistants  and  surgical   technologists   is   an
25    exclusive  power  and function of the State. A home rule unit
26    shall  not   regulate   surgical   assistants   or   surgical
27    technologists. This Section is a limitation under  subsection
28    (h) of Section 6 of Article VII of the Illinois Constitution.

29        Section  900.  The  Regulatory  Sunset  Act is amended by
30    changing Section 4.24 as follows:
HB3146 Engrossed            -21-     LRB093 07790 AMC 07979 b
 1        (5 ILCS 80/4.24)
 2        Sec.  4.24.  Acts  repealed  on  January  1,  2014.   The
 3    following Acts are repealed on January 1, 2014:
 4        The Electrologist Licensing Act.
 5        The Illinois Public Accounting Act.
 6        The Registered Surgical Assistant and Registered Surgical
 7    Technologist Title Protection Act.
 8    (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)

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

11        (225 ILCS 125/10)
12        (Section scheduled to be repealed on January 1, 2010)
13        Sec. 10.  Definitions.  As used in this Act:
14        "Board"  means  the  Board  of  Perfusion  and   Surgical
15    Assisting.
16        "Department"   means   the   Department  of  Professional
17    Regulation.
18        "Director" means the Director of Professional Regulation.
19        "Extracorporeal circulation" means  the  diversion  of  a
20    patient's  blood  through  a  heart-lung machine or a similar
21    device that assumes the functions  of  the  patient's  heart,
22    lungs, kidney, liver, or other organs.
23        "New   graduate   perfusionist"   means   a  perfusionist
24    practicing within a period of one  year  since  the  date  of
25    graduation  from  a  Commission  on  Accreditation  of Allied
26    Health  Education  Programs  accredited  perfusion  education
27    program.
28        "Perfusion"  means  the  functions  necessary   for   the
29    support,  treatment,  measurement,  or supplementation of the
30    cardiovascular systems or other organs, or a  combination  of
31    those  functions,  and  to  ensure  the  safe  management  of
32    physiologic   functions   by  monitoring  and  analyzing  the
HB3146 Engrossed            -22-     LRB093 07790 AMC 07979 b
 1    parameters of the  systems  under  an  order  and  under  the
 2    supervision  of  a physician licensed to practice medicine in
 3    all its branches.
 4        "Perfusionist" means a person, qualified by academic  and
 5    clinical education, to operate the extracorporeal circulation
 6    equipment  during any medical situation where it is necessary
 7    to   support   or   replace   a   person's   cardiopulmonary,
 8    circulatory,  or  respiratory  function.  A  perfusionist  is
 9    responsible for the selection of  appropriate  equipment  and
10    techniques  necessary for support, treatment, measurement, or
11    supplementation of the cardiopulmonary and circulatory system
12    of a patient, including the safe  monitoring,  analysis,  and
13    treatment  of physiologic conditions under an order and under
14    the supervision of a physician licensed to practice  medicine
15    in  all  its  branches  and in coordination with a registered
16    professional nurse.
17        "Perfusion protocols" means  perfusion  related  policies
18    and  protocols  developed  or  approved  by a licensed health
19    facility  or   a   physician   through   collaboration   with
20    administrators, licensed perfusionists, and other health care
21    professionals.
22        "Physician"  or  "operating  physician"  means  a  person
23    licensed  to  practice  medicine in all of its branches under
24    the Medical Practice Act of 1987.
25    (Source: P.A. 91-580, eff. 1-1-00.)

26        (225 ILCS 125/25)
27        Sec. 25.  Board of Perfusion and Surgical Assisting.  The
28    Director shall appoint a  Board  of  Perfusion  and  Surgical
29    Assisting to consist of 7 5 persons who shall be appointed by
30    and shall serve in an advisory capacity to the Director.  Two
31    members must hold an active license to engage in the practice
32    of  perfusion  in  this State, one member must be a physician
33    licensed under the Medical Practice Act of 1987 who is  board
HB3146 Engrossed            -23-     LRB093 07790 AMC 07979 b
 1    certified   in  and  actively  engaged  in  the  practice  of
 2    cardiothoracic  surgery,  one  member  must  be  a   licensed
 3    registered professional nurse certified by the Association of
 4    Operating Room Nurses, one member must be actively registered
 5    as   a  surgical  assistant  under  the  Registered  Surgical
 6    Assistant  and   Registered   Surgical   Technologist   Title
 7    Protection  Act,  one member must be actively registered as a
 8    surgical technologist under the Registered Surgical Assistant
 9    and Registered Surgical Technologist  Title  Protection  Act,
10    and  one  member  must  be  a member of the public who is not
11    licensed under this Act, the  Registered  Surgical  Assistant
12    and Registered Surgical Technologist Title Protection Act, or
13    a  similar  Act  of  another  jurisdiction  and  who  has  no
14    connection  with  the profession.  The initial appointees who
15    would otherwise be  required  to  be  licensed  perfusionists
16    shall   instead  be  individuals  who  have  been  practicing
17    perfusion for at least 5 years and  who  are  eligible  under
18    this Act for licensure as perfusionists.
19        Members   shall   serve  4-year  terms  and  until  their
20    successors are appointed and qualified, except that,  of  the
21    initial  appointments,  2 members shall be appointed to serve
22    for 2 years, 2 members shall be  appointed  to  serve  for  3
23    years, and 3 members 1 member shall be appointed to serve for
24    4  years,  and  until  their  successors  are  appointed  and
25    qualified.  No member shall be reappointed to the Board for a
26    term  that  would  cause his or her continuous service on the
27    Board to be longer than 8 consecutive years.  Appointments to
28    fill vacancies shall be made in the same manner  as  original
29    appointments  for  the unexpired portion of the vacated term.
30    Initial terms shall begin upon the  effective  date  of  this
31    Act.
32        The  Board  shall  annually  elect  a  chairperson  and a
33    vice-chairperson who shall preside  in  the  absence  of  the
34    chairperson.   The  membership of the Board should reasonably
HB3146 Engrossed            -24-     LRB093 07790 AMC 07979 b
 1    reflect representation from the various geographic  areas  in
 2    this  State.   The  Director may terminate the appointment of
 3    any  member  for  cause.    The   Director   may   give   due
 4    consideration   to  all  recommendations  of  the  Board.   A
 5    majority of  the  Board  members  currently  appointed  shall
 6    constitute  a  quorum.   A  vacancy  in the membership of the
 7    Board shall not impair the right of a quorum to exercise  the
 8    rights  and  perform all the duties of the Board.  Members of
 9    the Board shall have no liability in any  action  based  upon
10    any  disciplinary  proceeding  or other activity performed in
11    good faith as a member of the Board.
12    (Source: P.A. 91-580, eff. 1-1-00.)

13        Section  999.  Effective  date.  This  Act  takes  effect
14    January 1, 2004.