Full Text of HB3157 94th General Assembly
HB3157ham001 94TH GENERAL ASSEMBLY
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Rep. Ron Stephens
Filed: 4/8/2005
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| AMENDMENT TO HOUSE BILL 3157
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| AMENDMENT NO. ______. Amend House Bill 3157 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Clinical Laboratory
Science Practice Act.
| 6 |
| Section 5. Declaration of policy; purpose. It is hereby | 7 |
| declared to be a
policy of
this State that the practice of | 8 |
| clinical laboratory science by health care
professionals
| 9 |
| affects the public health, safety, and welfare and is subject | 10 |
| to control and
regulation in the
public interest. It is further | 11 |
| declared that clinical laboratories and clinical
laboratory
| 12 |
| practitioners provide essential services to practitioners of | 13 |
| the healing arts
by furnishing
vital information that may be | 14 |
| used in the diagnosis, prevention, and treatment
of disease
or | 15 |
| impairment and the assessment of the health of humans. The | 16 |
| purpose of this
Act is to
assure better protection of public | 17 |
| health by requiring minimum qualifications
for clinical
| 18 |
| laboratory practitioners and by ensuring that clinical | 19 |
| laboratory tests are
performed with
the highest degree of | 20 |
| professional competency by those engaged in providing
such
| 21 |
| services in this State.
| 22 |
| Section 10. Definitions. The following words and terms | 23 |
| when used in the Act
shall have the following meaning unless |
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| otherwise indicated within the context:
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| "Accredited clinical laboratory education program" means a | 3 |
| program planned to
provide a predetermined amount of | 4 |
| instruction and experience in clinical
laboratory
science, | 5 |
| medical technology, or cytology that has been accredited by
one | 6 |
| of the
accrediting agencies approved by the U.S. Department of | 7 |
| Health and Human Services.
| 8 |
| "Board" means the Clinical Laboratory Science Board | 9 |
| appointed by the Secretary of Financial and Professional | 10 |
| Regulation.
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| "Categorical technologist" means an individual eligible | 12 |
| under this Act who is
qualified to perform clinical laboratory | 13 |
| testing in one or more categories of
laboratory
testing, such | 14 |
| as microbiology, clinical chemistry, immunology, hematology,
| 15 |
| immunohematology or other areas specified by the Board. The | 16 |
| categorical
technologist
is responsible for the establishment | 17 |
| and implementation of protocols, quality
assessment,
method | 18 |
| development and selection, equipment selection and | 19 |
| maintenance, and all
activities related to the pre-analytical, | 20 |
| analytical, and post-analytical
phases of testing.
The | 21 |
| categorical technologist may also direct, supervise, consult, | 22 |
| educate, and
perform
research functions in their specialty | 23 |
| area. "Categorical technologist" includes
a
categorical | 24 |
| scientist.
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| "CLIA '88" means the Clinical Laboratory Improvement | 26 |
| Amendments of 1988.
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| "Clinical laboratory" or "laboratory" means a site or | 28 |
| location in which
clinical
laboratory tests or examinations are | 29 |
| performed.
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| "Clinical laboratory practitioner" means an individual who | 31 |
| has the authority
to
perform clinical laboratory tests.
| 32 |
| "Clinical laboratory scientist" means an individual | 33 |
| eligible under this Act
that
performs any clinical laboratory | 34 |
| test including those that require the exercise
of
independent |
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| judgment. In addition, this individual is responsible for the
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| establishment
and implementation of protocols, quality | 3 |
| assessment, method development and selection,
equipment | 4 |
| selection and maintenance, and all activities related to the | 5 |
| pre-analytical,
analytical, and post-analytical phases of | 6 |
| testing. The clinical laboratory scientist may also
direct, | 7 |
| supervise, consult, educate, and perform research functions.
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| "Clinical laboratory technician" means an individual | 9 |
| eligible under this Act
who
is qualified to perform clinical | 10 |
| laboratory tests pursuant to established and
approved
| 11 |
| protocols that require limited exercise of independent | 12 |
| judgment and which are
performed
with oversight from a clinical | 13 |
| laboratory scientist, medical technologist,
technical
| 14 |
| consultant, supervisor, or laboratory director as defined by | 15 |
| the Clinical
Laboratory
Improvement Amendments of 1988 (CLIA | 16 |
| '88) (P.L. 100-578).
| 17 |
| "Clinical laboratory test" or "laboratory test" means a | 18 |
| microbiological,
serological, molecular, chemical, biological, | 19 |
| hematological, immunological,
immunohematological, | 20 |
| cytological, biophysical, or any other test or procedure
| 21 |
| performed
on material derived from or existing in a human body | 22 |
| that provides information
for the
diagnosis, prevention, or | 23 |
| monitoring of a disease or impairment or assessment
of a
| 24 |
| clinical condition. Clinical laboratory testing encompasses | 25 |
| the pre-analytical,
analytical,
and post-analytical phases of | 26 |
| testing.
| 27 |
| "Cytotechnologist" means an individual eligible under this | 28 |
| Act who is
qualified to
process and interpret cellular material | 29 |
| derived from the human body delineating
data
regarding human | 30 |
| cytopathological disease. The cytotechnologist performs | 31 |
| testing
under
the supervision of a technical supervisor | 32 |
| pursuant to the CLIA '88. The
cytotechnologist reviews
and | 33 |
| interprets gynecological cytology preparations and screens
| 34 |
| non-gynecological
cytology preparations where final review and |
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| interpretation is the
responsibility of a
qualified physician.
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| "Department" means the Department of Financial and | 3 |
| Professional Regulation.
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| "Histotechnician" means an individual who is qualified to
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| process cellular and tissue components through methods of | 6 |
| selected gross
dissection and
description, fixation, | 7 |
| dehydration, embedding, microtomy, frozen sectioning,
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| staining,
and other related procedures and techniques employed | 9 |
| in the preparation of
smears,
slides, and tissues. This | 10 |
| specialty also encompasses methods for antigen
detection and
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| other molecular hybridization testing methods where the | 12 |
| purpose is analysis or
quantification of cellular and tissue | 13 |
| components for interpretation by a
qualified
physician. The | 14 |
| histotechnician performs testing under the direct supervision | 15 |
| of
a
histotechnologist, technical consultant, supervisor, or | 16 |
| laboratory director as
defined by
CLIA '88.
| 17 |
| "Histotechnologist" means an individual who is
qualified
| 18 |
| to process cellular and tissue components through methods of | 19 |
| selected gross
dissection
and description, fixation, | 20 |
| dehydration, embedding, microtomy, frozen
sectioning,
| 21 |
| staining, and other related procedures and techniques employed | 22 |
| in the
preparation of
smears, slides, and tissues. This | 23 |
| specialty also encompasses methods for antigen
detection
and | 24 |
| other molecular hybridization testing methods where the | 25 |
| purpose is analysis
or
quantification of cellular and tissue | 26 |
| components for interpretation by a
qualified
physician. The | 27 |
| histotechnologist performs testing under the supervision of a
| 28 |
| technical
consultant, supervisor, or laboratory director as | 29 |
| defined by CLIA '88.
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| "Medical technologist" means an individual eligible under | 31 |
| this Act that performs any clinical laboratory test, including | 32 |
| those that require the exercise of independent judgment. In | 33 |
| addition, this individual is responsible for the establishment | 34 |
| and implementation of protocols, quality assessment, method |
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| development and selection, equipment selection and | 2 |
| maintenance, and all activities related to the pre-analytical, | 3 |
| analytical, or post-analytical phases of testing. The medical | 4 |
| technologist may also direct, supervise, consult, educate, and | 5 |
| perform research functions. | 6 |
| "Medical laboratory technician" means an individual | 7 |
| eligible under this Act who is qualified to perform clinical | 8 |
| laboratory tests pursuant to established and approved | 9 |
| protocols that require limited exercise of independent | 10 |
| judgment and which are performed with oversight from a clinical | 11 |
| laboratory scientist, medical technologist, technical | 12 |
| consultant, supervisor, or laboratory director as defined by | 13 |
| the Clinical Laboratory Improvement Amendments of 1988. | 14 |
| "Pathologist's assistant" means an individual who is
| 15 |
| qualified to perform surgical pathology specimen examinations | 16 |
| and post-mortem
examinations. This specialty also encompasses | 17 |
| related functions which are
necessary to
insure the successful | 18 |
| completion or processing of the above. The pathologist's
| 19 |
| assistant
performs testing under the supervision of a qualified | 20 |
| pathologist. The
functions of the
pathologist's assistant | 21 |
| shall be to assist a pathologist in arriving at a final
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| diagnosis.
Rendering the final diagnosis, however, is the | 23 |
| responsibility of a pathologist.
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| "Point of care testing" means clinical testing that is so | 25 |
| critical to patient
care that
it must be performed immediately | 26 |
| at or near the patient. Tests meeting this
definition
provide | 27 |
| clinically relevant information that direct therapy, are | 28 |
| limited to
procedures that
produce accurate and precise data in | 29 |
| a short period of time, meet the current
standards of
quality | 30 |
| in laboratory science, and comply with all standards of | 31 |
| accrediting
agencies. The
term does not include a clinical | 32 |
| laboratory test performed in a physician's
office
laboratory.
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| "Scheduled drug" means a drug scheduled under the Illinois | 34 |
| Controlled Substances Act. |
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| "Secretary" means the Secretary of Financial and | 2 |
| Professional Regulation. | 3 |
| "Waived test" means a simple laboratory examination or | 4 |
| procedure, as defined
by
the CLIA '88 and approved by the | 5 |
| Board.
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| Section 15. Exemptions. This Act does not apply to any of | 7 |
| the following:
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| (1) A person licensed in this State under any other Act | 9 |
| who engages in the
practice for which he or she is | 10 |
| licensed, providing the Act specifically
authorizes
him or | 11 |
| her to perform laboratory testing.
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| (2) Clinical laboratory practitioners employed by the | 13 |
| United States
government or any bureau, division, or agency | 14 |
| thereof while in the discharge of
the employee's official | 15 |
| duties.
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| (3) Clinical laboratory practitioners engaged in | 17 |
| teaching or research,
provided that the results of any | 18 |
| examination performed are not used in health
maintenance, | 19 |
| diagnosis, or treatment of disease.
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| (4) Students or trainees enrolled in a clinical | 21 |
| laboratory education
program, provided that these | 22 |
| activities constitute a part of a planned course
in the
| 23 |
| program, that the persons are designated by title such as | 24 |
| intern, trainee, or student,
and the persons work directly | 25 |
| under (i) an individual licensed by this State to
practice | 26 |
| clinical laboratory science, (ii) a person exempt from | 27 |
| licensure under
this
Act by item (3) of this Section, or | 28 |
| (iii) a licensed physician.
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| (5) A person solely performing waived tests under the | 30 |
| Clinical Laboratory
Improvement Amendments of 1988 (P.L. | 31 |
| 100-578).
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| (6) Personnel performing point of care testing | 33 |
| provided that, within the
point of care testing laboratory, |
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| a licensed Clinical laboratory scientist,
medical
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| technologist, categorical technologist, clinical | 3 |
| laboratory technician, medical laboratory technician, or
| 4 |
| licensed
physician is responsible for all of the following:
| 5 |
| (A) Designing and providing or supervising the | 6 |
| training programs
for the point of care testing | 7 |
| personnel.
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| (B) Supervising and monitoring the quality | 9 |
| assurance and quality
control activities of the | 10 |
| testing site.
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| (C) Assisting in the selection of technology.
| 12 |
| (D) Reviewing the results of proficiency testing | 13 |
| and
recommending corrective action, if necessary.
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| (E) Monitoring the continued competency of the | 15 |
| testing personnel.
Failure to comply with the above | 16 |
| requirements subjects the point of care
testing | 17 |
| personnel to the loss of the exemption.
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| (7) Histotechnicians and histotechnologists who | 19 |
| perform clinical
laboratory testing under the supervision | 20 |
| of a technical consultant, supervisor,
or
laboratory | 21 |
| director as defined by the CLIA '88.
| 22 |
| (8) Pathologist's assistants who perform clinical | 23 |
| laboratory testing under
the supervision of a qualified | 24 |
| pathologist.
| 25 |
| (9) A person employed by a federal, State, or local law | 26 |
| enforcement agency who is acting within the scope of his or | 27 |
| her employment.
| 28 |
| Section 20. License required.
| 29 |
| (a) Beginning January 1, 2006, no person shall perform or | 30 |
| consult regarding
clinical laboratory tests or hold himself or | 31 |
| herself out as a clinical
laboratory practitioner
in the State | 32 |
| unless he or she is licensed under this Act.
| 33 |
| (b) All persons performing or consulting regarding |
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| clinical laboratory tests
on the
effective date of this Act who | 2 |
| are certified by or eligible for certification
by an agency
| 3 |
| acceptable to the Department and who have applied to the | 4 |
| Department on or
before
January 1, 2006 and have complied with | 5 |
| all necessary requirements for
application may
continue to | 6 |
| perform clinical laboratory tests until (1) the expiration of | 7 |
| 12
months after
filing the application, (2) the denial of the | 8 |
| application by the Department, or
(3) the
withdrawal of the | 9 |
| application, whichever occurs first.
| 10 |
| (c) Beginning January 1, 2006, no person shall perform | 11 |
| clinical laboratory tests for the purpose of detecting the | 12 |
| presence of any scheduled drug unless he or she is licensed | 13 |
| under this Act or employed by a person who is licensed under | 14 |
| this Act. | 15 |
| (d) Before January 1, 2008, a person not meeting the | 16 |
| education, training,
and
experience qualifications for a | 17 |
| license under this Act may be granted licensure
if they
have 3 | 18 |
| years of acceptable experience at the professional level for | 19 |
| which
licensure is
sought immediately prior to the effective | 20 |
| date of this Act and submit to the
Board the job
description of | 21 |
| the position that the applicant has most recently performed,
| 22 |
| attested to
by his or her employer.
| 23 |
| (e) Beginning January 1, 2008, no initial license shall be | 24 |
| issued until an
applicant
meets all of the requirements under | 25 |
| this Act and successfully completes a
national
certification | 26 |
| examination authorized by the Department.
| 27 |
| Section 25. Administration.
| 28 |
| (a) The Department shall adopt rules consistent with the | 29 |
| provisions of this
Act for
the administration and enforcement | 30 |
| thereof and may prescribe the forms that
shall be
issued in | 31 |
| connection with this Act. The rules shall include standards and
| 32 |
| criteria for
licensure and professional conduct and | 33 |
| discipline. The Department shall consult
with the
Board in |
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| adopting rules. Notice of proposed rulemaking shall be | 2 |
| transmitted to
the Board
and the Department shall review the | 3 |
| Board's response and any recommendations
the
Board makes. The | 4 |
| Department shall notify the Board in writing with an
| 5 |
| explanation of
its deviations from the Board's recommendations | 6 |
| and response.
| 7 |
| (b) The Department may solicit the advice and expert | 8 |
| knowledge of the Board on
any matter relating to the | 9 |
| administration and enforcement of this Act.
| 10 |
| (c) The Department shall issue to the Board a quarterly | 11 |
| report of the status of all
complaints related to the | 12 |
| profession received by the Department.
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| Section 30. Per-test fee; use of funds. | 14 |
| (a) If and only if, House Bill 3513 of the 94th General | 15 |
| Assembly or House Bill 2446 of the 94th General Assembly | 16 |
| becomes law, the Department shall impose and collect an $8 fee | 17 |
| upon urine, hair, skin, cells, or bodily secretions or | 18 |
| substances submitted within the State for testing conducted to | 19 |
| detect any scheduled drug that is conducted. This fee shall be | 20 |
| imposed upon samples that are physically tested outside of the | 21 |
| State for the purpose of detecting any scheduled drug, if the | 22 |
| sample was taken within the State. | 23 |
| (b) Each licensee under this Act shall report to the | 24 |
| Department the number of samples submitted within the State, | 25 |
| upon which the licensee has conducted a test for the purpose of | 26 |
| detecting any scheduled drug, and shall submit the collected | 27 |
| fee for each sample to the Department. If and only if, House | 28 |
| Bill 3513 of the 94th General Assembly becomes law, the | 29 |
| Department of Financial and Professional Regulation shall | 30 |
| deposit 2/3 of the moneys collected from this fee into the | 31 |
| Methamphetamine Treatment Fund and the Department of Human | 32 |
| Services shall use these moneys to fund grants to providers of | 33 |
| services for methamphetamine addicts and community outreach |
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| and education programs established under the Alcoholism and | 2 |
| Other Drug Abuse and Dependency Act. If and only if, House Bill | 3 |
| 2446 of the 94th General Assembly becomes law, the Department | 4 |
| of Financial and Professional Regulation shall deposit 1/3 of | 5 |
| the moneys collected from this fee into the Autism | 6 |
| Community-Based Residential Services Fund and the Department | 7 |
| of Human Services shall use these moneys to fund the pilot | 8 |
| program to provide community based residential services to | 9 |
| individuals with severe autism who are 21 years of age or older | 10 |
| established under the Developmental Disability and Mental | 11 |
| Disability Services Act. | 12 |
| (c) The Department shall adopt rules necessary for the | 13 |
| implementation and administration of the fee. | 14 |
| Section 35. Clinical Laboratory Science Board.
| 15 |
| (a) There is hereby created a Clinical Laboratory Science | 16 |
| Board within the
Department of Financial and Professional | 17 |
| Regulation which shall consist of 8 persons who have
been
| 18 |
| residents of this State for at least 2 years prior to their | 19 |
| appointment and who
are actively
engaged in their areas of | 20 |
| practice. The Secretary may make appointments to the
Board
from | 21 |
| lists submitted by organizations of clinical laboratory | 22 |
| science
practitioners and
organizations of physician | 23 |
| pathologists.
| 24 |
| (b) The Board shall be composed of the following members: | 25 |
| (i) one physician
certified by the American Board of Pathology | 26 |
| or the American Board of
Osteopathic
Pathology; (ii) 6 clinical | 27 |
| laboratory practitioners who, except for initial
appointments,
| 28 |
| hold active and valid licenses as clinical laboratory | 29 |
| practitioners in this
State, at least one
of whom is a | 30 |
| non-physician laboratory director, as defined by the CLIA '88, | 31 |
| 2
of whom
are clinical laboratory scientists or medical | 32 |
| technologists, one of whom is a clinical laboratory
technician | 33 |
| or medical laboratory technician, and one of
whom is a |
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| cytotechnologist; and (iii) one public member who is not | 2 |
| associated
with or
financially interested in the practice of | 3 |
| clinical laboratory science.
| 4 |
| (c) Board members shall serve for a term of 3 years and | 5 |
| until their
successors are
appointed and qualified, except that | 6 |
| the initial appointments, which shall be
made within
60 days | 7 |
| after the effective date of this Act, shall be as follows:
| 8 |
| (1) A pathologist, a non-physician laboratory | 9 |
| director, as defined by the
CLIA '88, and 2 clinical | 10 |
| laboratory practitioners shall be appointed to serve
for 3
| 11 |
| years.
| 12 |
| (2) A public representative shall be appointed to serve | 13 |
| for 2 years.
| 14 |
| (3) The remaining members shall be appointed to serve | 15 |
| for one year.
| 16 |
| (d) Whenever a vacancy shall occur on the Board by reason | 17 |
| other than the
expiration of a term of office, the Secretary | 18 |
| shall appoint a successor of like qualifications
for the | 19 |
| remainder of the unexpired term. No person shall be appointed | 20 |
| to serve more than
2 successive 3-year terms.
| 21 |
| (e) The Secretary shall have the authority to remove any | 22 |
| member of the Board
from office for neglect of any duty | 23 |
| required by law or for incompetency or unprofessional
or | 24 |
| dishonorable conduct.
| 25 |
| (f) The Secretary shall consider the recommendations of the | 26 |
| Board on questions
involving standards of professional | 27 |
| conduct, discipline, and qualifications of applicants or
| 28 |
| licensees under this Act.
| 29 |
| Section 40. Standards for licensure.
| 30 |
| (a) The Department shall issue a clinical laboratory | 31 |
| scientist or medical technologist license to an
individual who | 32 |
| meets the qualifications promulgated by the Department,
| 33 |
| including
successful performance on a national certification |
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| examination at the clinical
laboratory
scientist or medical | 2 |
| technologist level authorized by the Department and at least | 3 |
| one of the following:
| 4 |
| (1) Baccalaureate degree in clinical laboratory | 5 |
| science or medical
technology or the equivalent from an | 6 |
| accredited college or university and
successful completion | 7 |
| of an accredited clinical laboratory science or medical
| 8 |
| technology education program.
| 9 |
| (2) Baccalaureate degree from an accredited college or | 10 |
| university and
completion of 36 semester hours in the | 11 |
| biological, chemical, or medical
laboratory sciences in | 12 |
| addition to or part of the baccalaureate degree and
| 13 |
| successful completion of an accredited clinical laboratory | 14 |
| science or medical
technology education program or | 15 |
| successful completion of a 50-week or more
military medical | 16 |
| laboratory training program.
| 17 |
| (3) Baccalaureate degree from an accredited college or | 18 |
| university and
completion of 36 semester hours in the | 19 |
| biological, chemical, or medical
laboratory sciences in | 20 |
| addition to or part of the baccalaureate degree,
certified | 21 |
| as a
clinical laboratory technician or medical laboratory | 22 |
| technician, and completion of the equivalent of 2 years of
| 23 |
| full-time clinical laboratory work experience within the | 24 |
| last 4 years. This
experience
must have included a minimum | 25 |
| of 4 months in each of the 4 major clinical
laboratory | 26 |
| disciplines (chemistry or urinalysis, hematology, | 27 |
| immunohematology,
and microbiology).
| 28 |
| (4) Baccalaureate degree from an accredited college or | 29 |
| university and
completion of 36 semester hours in the | 30 |
| biological, chemical, or medical
laboratory sciences in | 31 |
| addition to or part of the baccalaureate degree and
| 32 |
| completion of the equivalent of 4 years of full-time | 33 |
| clinical laboratory work
experience within the last 8 | 34 |
| years. This experience must have included a
minimum of 4 |
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| months in each of the 4 major clinical laboratory | 2 |
| disciplines
(chemistry or urinalysis, hematology, | 3 |
| immunohematology, and microbiology).
| 4 |
| (b) The Department shall issue a categorical technologist | 5 |
| license to an individual
who meets such qualifications as | 6 |
| promulgated by the Department, including successful
| 7 |
| performance on a categorical examination offered by a national | 8 |
| certification organization
authorized by the Department and at | 9 |
| least one of the following:
| 10 |
| (1) For the categories of microbiology and chemistry, | 11 |
| (i) a baccalaureate
degree from an accredited college or | 12 |
| university, (ii) successful completion of 30
semester | 13 |
| hours in the biological, chemical, or medical laboratory | 14 |
| sciences, and
(iii) one year of full-time experience within | 15 |
| the last 10 years in the category for
which licensure is | 16 |
| sought or successful completion of a structured training
| 17 |
| program that is under the auspices of an accredited medical | 18 |
| technology or clinical
laboratory science education | 19 |
| program in the category for which licensure is
sought.
| 20 |
| (2) For the categories of hematology, immunology, and
| 21 |
| immunohematology, (i) a baccalaureate degree from an | 22 |
| accredited college or
university, (ii) successful | 23 |
| completion of 30 semester hours in the biological,
chemical | 24 |
| or medical laboratory sciences, and (iii) 2 years of | 25 |
| full-time experience
within the last 10 years in the | 26 |
| category for which licensure is sought or successful
| 27 |
| completion of a structured training program that is under | 28 |
| the auspices of an
accredited medical technology or | 29 |
| clinical laboratory science education program in
the | 30 |
| category for which licensure is sought.
| 31 |
| (3) A masters or doctorate in a chemical, biological, | 32 |
| or medical
laboratory
science from an accredited college or | 33 |
| university and 6 months of full time
acceptable clinical | 34 |
| laboratory experience or clinical laboratory training
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| 1 |
| within the
last 10 years in the category for which | 2 |
| licensure is sought.
| 3 |
| The Department may establish other categorical | 4 |
| technologist licenses as
necessary, provided that the licenses | 5 |
| require a baccalaureate or graduate
degree in an
appropriate | 6 |
| field, clinical training or work experience, and national
| 7 |
| certification.
| 8 |
| (c) The Department shall issue a clinical laboratory | 9 |
| technician or medical laboratory technician license to
an
| 10 |
| individual who meets such qualifications as promulgated by the | 11 |
| Department,
which shall
include successful performance on a | 12 |
| national certification examination at the clinical
laboratory | 13 |
| technician or medical laboratory technician level authorized | 14 |
| by the Department and at least one of
the
following:
| 15 |
| (1) Associate's degree or 60 semester hours from an | 16 |
| accredited
post-secondary academic institution and | 17 |
| successful completion of an accredited
clinical laboratory | 18 |
| technician or medical laboratory technician education | 19 |
| program.
| 20 |
| (2) Associate's degree or 60 semester hours from an | 21 |
| accredited
post-secondary academic institution with 24 | 22 |
| semester hours of college course
work in
the biological, | 23 |
| chemical, or medical laboratory sciences, including 6 | 24 |
| semester
hours of chemistry and 6 semester hours of biology | 25 |
| and successful completion of
a 50-week or more military | 26 |
| medical laboratory training program.
| 27 |
| (3) Associate's degree or 60 semester hours from an | 28 |
| accredited
post-secondary academic institution with 24 | 29 |
| semester hours of college course
work in
the biological, | 30 |
| chemical, or medical laboratory sciences, including 6 | 31 |
| semester
hours of chemistry and 6 semester hours of biology | 32 |
| and successful completion of
an approved laboratory or | 33 |
| clinical assistant education program, and completion
of
| 34 |
| the equivalent of one year of full-time clinical laboratory |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
| 1 |
| work experience
within
the last 2 years. This experience | 2 |
| must have included a minimum of 3 months in
each of the 4 | 3 |
| major clinical laboratory disciplines (chemistry or | 4 |
| urinalysis,
hematology, immunohematology, and | 5 |
| microbiology). Laboratory work
experience must be under | 6 |
| the supervision of a certified clinical laboratory
| 7 |
| scientist or medical technologist, certified clinical | 8 |
| laboratory technician, or medical laboratory technician.
| 9 |
| (4) Associate's degree or 60 semester hours from an | 10 |
| accredited
post-secondary academic institution with 24 | 11 |
| semester hours of college course
work in
the biological, | 12 |
| chemical, or medical laboratory sciences, including 6 | 13 |
| semester
hours of chemistry and 6 semester hours of biology | 14 |
| and completion of the
equivalent of 2 years of full-time | 15 |
| clinical laboratory work experience within
the
last 4 | 16 |
| years. This experience must have included a minimum of 3 | 17 |
| months in each
of the 4 major clinical laboratory | 18 |
| disciplines (chemistry or urinalysis,
hematology,
| 19 |
| immunohematology, and microbiology). Completion of one | 20 |
| year of the
laboratory work experience must be under the | 21 |
| supervision of a certified
clinical
laboratory scientist | 22 |
| or medical technologist, certified clinical laboratory | 23 |
| technician, or medical laboratory technician.
| 24 |
| (d) The Department shall issue a cytotechnologist license | 25 |
| to an individual
who
meets such qualifications as promulgated | 26 |
| by the Department, which shall include
successful performance | 27 |
| on a national certification examination at the
| 28 |
| cytotechnologist level
authorized by the Department and a | 29 |
| baccalaureate degree from an accredited
college or
university | 30 |
| with 20 semester hours of biological science and 8 semester | 31 |
| hours of
chemical
science, and successful completion of an | 32 |
| accredited cytology laboratory
education
program.
| 33 |
| (e) The Department shall issue a license to perform | 34 |
| clinical laboratory testing for the purpose of detecting the |
|
|
|
09400HB3157ham001 |
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| 1 |
| presence of any scheduled drug to an individual who meets the | 2 |
| qualifications promulgated by the Department, by rule.
| 3 |
| Section 45. Temporary license.
| 4 |
| (a) Licensure applicants who qualify by education, | 5 |
| experience, or training,
but
who have not taken or passed an | 6 |
| approved nationally recognized certification
examination
may | 7 |
| be granted a temporary license that will allow the individual | 8 |
| to engage in
the
practice of clinical laboratory science at the | 9 |
| appropriate level. The temporary
license will
be valid for 6 | 10 |
| months and can be renewed twice upon failure to pass an | 11 |
| approved
nationally recognized certification examination.
| 12 |
| (b) Internationally trained licensure applicants must have | 13 |
| their transcripts
evaluated by a transcript evaluation agency | 14 |
| acceptable to the Department and
submitted
directly to the | 15 |
| national certifying agency. The evaluation must indicate that
| 16 |
| the
applicant's education is equivalent to that which is | 17 |
| required for licensure of U.S.
graduates in the level of | 18 |
| licensure being sought. Upon submission of proof to the
| 19 |
| Department of acceptance to sit for the certification | 20 |
| examination, the individual may
apply for a temporary license | 21 |
| in the corresponding category.
| 22 |
| Section 50. Waiver of requirements. The Department of | 23 |
| Financial and Professional Regulation
shall adopt rules | 24 |
| providing procedures for waiver of the requirements under
| 25 |
| Section 40 of this Act
for all applicants who hold a valid | 26 |
| license or equivalent issued by another
state if the
| 27 |
| requirements under which that license or the equivalent was | 28 |
| issued are equivalent
to or
exceed the standards required by | 29 |
| this Act.
| 30 |
| Section 55. Licensure application procedures.
| 31 |
| (a) Licensure applicants shall submit their application |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
| 1 |
| for licensure to the
Department upon the forms prescribed and | 2 |
| furnished by the Department and shall
pay the
designated | 3 |
| application fee.
| 4 |
| (b) Upon receipt of an application and payment of a fee, | 5 |
| the Department
shall
issue
a license for a clinical laboratory | 6 |
| scientist or medical technologist,
categorical technologist,
| 7 |
| clinical laboratory technician or medical laboratory | 8 |
| technician, or cytotechnologist,
to any person who meets the | 9 |
| qualifications specified in
this Act and
the rules adopted | 10 |
| pursuant to this Act.
| 11 |
| Section 60. Licensure renewal.
| 12 |
| (a) A license issued under this Act shall expire 2 years | 13 |
| after receipt.
| 14 |
| (b) Every person licensed under this Act shall be issued a | 15 |
| renewal license
upon
(i) submission of an application for | 16 |
| renewal on a form prescribed by the
Department and
payment of | 17 |
| an appropriate fee determined by the Department and (ii) proof | 18 |
| of
completion, in the period since the license was first issued | 19 |
| or last renewed,
of at least 24
hours of continuing education | 20 |
| courses, clinics, lectures, training programs,
seminars, or
| 21 |
| other programs related to clinical laboratory practice that are | 22 |
| approved or
accepted by the
Board or proof of recertification | 23 |
| by a national accrediting organization that
mandates an
annual | 24 |
| minimum of 12 hours of continuing education.
| 25 |
| (c) The Department may require other such evidence of | 26 |
| competency as it shall
deem reasonably appropriate as a | 27 |
| prerequisite to the renewal of any license provided for
in this | 28 |
| Act, so long as the requirements are uniform as to application, | 29 |
| are reasonably
related to the measurement of qualification, | 30 |
| performance, or competence, and are
desirable and necessary for | 31 |
| the protection of the public health.
| 32 |
| Section 65. Disciplinary grounds.
|
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
| 1 |
| (a) The Department may refuse to issue or renew or revoke a | 2 |
| license, may
suspend, place on probation, censure, or reprimand | 3 |
| a licensee, or may take such
other
disciplinary action as the | 4 |
| Department may deem appropriate, including the
imposition of
a | 5 |
| civil penalty not to exceed $5,000 for conduct that may result | 6 |
| from but not
necessarily
be limited to any of the following:
| 7 |
| (1) A material misstatement in furnishing information | 8 |
| to the Department.
| 9 |
| (2) A violation or negligent or intentional disregard | 10 |
| of this Act or the
rules adopted pursuant to this Act.
| 11 |
| (3) A conviction of any crime under the laws of the | 12 |
| United States or any
state or territory thereof which is a | 13 |
| felony or a misdemeanor, an essential
element
of which is | 14 |
| dishonesty or of any crime which is directly related to the | 15 |
| practice of
the profession.
| 16 |
| (4) Making any misrepresentation for the purpose of | 17 |
| obtaining registration
or violating any provision of this | 18 |
| Act.
| 19 |
| (5) Professional incompetence.
| 20 |
| (6) Malpractice.
| 21 |
| (7) Failing to provide information in response to a | 22 |
| written request made by
the Department within 60 days after | 23 |
| receipt of the request.
| 24 |
| (8) Discipline by another state, territory, or country | 25 |
| if at least one of the
grounds for the discipline is the | 26 |
| same or substantially equivalent to those set forth
in this | 27 |
| Act.
| 28 |
| (9) Directly or indirectly giving to or receiving from | 29 |
| any person, firm,
corporation, partnership, or association | 30 |
| any fee, commission, rebate, or other form
of compensation | 31 |
| for any professional services not actually rendered.
| 32 |
| (10) A finding by the Department that the licensee, | 33 |
| after having his license
placed on probationary status, has | 34 |
| violated the terms of probation.
|
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
| 1 |
| (11) Wilfully making or filing false records or reports | 2 |
| in his or her
practice, including, but not limited to, | 3 |
| false records filed with State agencies or
departments.
| 4 |
| (12) Violation of any standard of professional conduct | 5 |
| adopted by the
Department.
| 6 |
| (13) Engaging in dishonorable, unethical, or | 7 |
| unprofessional conduct of a
character likely to deceive, | 8 |
| defraud, or harm the public.
| 9 |
| (14) Providing professional services while mentally | 10 |
| incompetent or under
the influence of alcohol or narcotic | 11 |
| or controlled dangerous substance that is in
excess of | 12 |
| therapeutic amounts or without valid medical indication.
| 13 |
| (15) Directly or indirectly contracting to perform | 14 |
| clinical laboratory tests
in a manner that offers or | 15 |
| implies an offer of rebate, fee-splitting inducements or
| 16 |
| arrangements, or other remuneration.
| 17 |
| (16) Aiding or assisting another person in violating | 18 |
| any provision of this
Act or any rule adopted pursuant to | 19 |
| this Act.
| 20 |
| (b) The determination by a circuit court that a licensee is | 21 |
| subject to involuntary
admission or judicial admission, as | 22 |
| provided in the Mental Health and Developmental
Disabilities | 23 |
| Code, operates as an automatic suspension. Such suspension will | 24 |
| terminate
only upon a finding by a court that the patient is no | 25 |
| longer subject to involuntary
admission or judicial admission | 26 |
| and the issuance of an order so finding and discharging
the | 27 |
| patient, and upon the recommendation of the Board to the | 28 |
| Secretary that the registrant
be allowed to resume practice.
| 29 |
| (c) The Department may refuse to issue or may suspend the | 30 |
| registration of any
person who fails to file a return, to pay | 31 |
| the tax, penalty, or interest shown in a filed return,
or any | 32 |
| final assessment of tax, penalty, or interest, as required by | 33 |
| any tax Act
administered by the Illinois Department of Revenue, | 34 |
| until such time as the requirements
of such tax Act are |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
| 1 |
| satisfied.
| 2 |
| Section 70. Injunction; cease and desist order. | 3 |
| (a) If any person violates a provision of the Act, the | 4 |
| Secretary may, in the
name of
the People of the State of | 5 |
| Illinois, through the Attorney General of the State
of | 6 |
| Illinois,
petition for an order enjoining such violation or for | 7 |
| an order enforcing
compliance with
the Act. Upon the filing of | 8 |
| a verified petition in such court, the court may
issue a
| 9 |
| temporary restraining order, without notice or bond, and may | 10 |
| preliminarily and
permanently enjoin such violation, and if it | 11 |
| is established that such person
has violated or
is violating | 12 |
| this injunction, the Court may punish the offender for contempt | 13 |
| of
court.
Proceeding under this Section shall be in addition | 14 |
| to, and not in lieu of, all
other remedies
and penalties | 15 |
| provided by the Act.
| 16 |
| (b) If any person shall practice as a clinical laboratory | 17 |
| practitioner or hold
himself out as such without having a valid | 18 |
| license required under this Act, then any
licensee, any | 19 |
| interested party, or any person injured thereby may, in | 20 |
| addition to the
Secretary, petition for relief as provided in | 21 |
| subsection (a) of the Section.
| 22 |
| (c) Whenever in the opinion of the Department any person | 23 |
| violates any provision
of the Act, the Department may issue a | 24 |
| rule to show cause why an order to cease and
desist should not | 25 |
| be entered against him. The rule shall clearly set forth the | 26 |
| grounds
relied upon by the Department and shall provide a | 27 |
| period of 7 days from the date of the
rule to file an answer to | 28 |
| the satisfaction of the Department. Failure to answer to the
| 29 |
| satisfaction of the Department shall cause an order to cease | 30 |
| and desist to be issued.
| 31 |
| Section 75. Investigations. The Department may | 32 |
| investigate the actions of
any
applicant or of any person or |
|
|
|
09400HB3157ham001 |
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|
| 1 |
| persons holding or claiming to hold a license to
engage in
the | 2 |
| practice of clinical laboratory science. Before refusing to | 3 |
| issue or renew
a license, the
Department shall notify in | 4 |
| writing the applicant or holder of the nature of the
charges | 5 |
| and
that a hearing will be held on the date designated. Such | 6 |
| notice shall be sent
at least 10
calendar days prior to the | 7 |
| date set for the hearing. Such written notice may be
served by
| 8 |
| personal delivery or certified or registered mail to the | 9 |
| respondent at the
address of his last
notification to the | 10 |
| Department. At the time and place fixed in the notice, the
| 11 |
| Board shall
proceed to hear the charges and the parties or | 12 |
| their counsel shall be accorded
ample
opportunity to present | 13 |
| such statements, testimony, evidence and argument as may
be
| 14 |
| pertinent to the charges or to the defense thereto. The Board | 15 |
| may continue such hearing.
| 16 |
| Section 80. Record of proceedings. The Department, at its | 17 |
| expense, shall
preserve
a record of all proceedings at the | 18 |
| formal hearing of any case involving the
refusal to issue
or | 19 |
| renew a license. The notice of hearing, complaint and all other | 20 |
| documents in
the
nature of pleadings and written motions filed | 21 |
| in the proceedings, the
transcript of
testimony, the report of | 22 |
| the Board and orders of the Department shall be the
record of
| 23 |
| such proceedings.
| 24 |
| Section 85. Compel witnesses. Any circuit court may, upon | 25 |
| application of the
Department or its designee, or of the | 26 |
| applicant or licensee against whom
proceedings
under Section 70 | 27 |
| of the Act are pending, enter an order requiring the
attendance | 28 |
| of
witnesses and their testimony, and the production of | 29 |
| documents, papers, files,
books, and
records in connection with | 30 |
| any hearing or investigation. The court may compel
obedience to | 31 |
| its order by proceedings for contempt.
|
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
| 1 |
| Section 90. Findings of fact, conclusions of law, and | 2 |
| recommendations. At
the
conclusion of the hearing, the Board | 3 |
| shall present to the Secretary a written
report of its
findings | 4 |
| and recommendations. The report shall contain a finding whether | 5 |
| or not
the
accused person violated this Act or failed to comply | 6 |
| with the conditions
required in this
Act. The Board shall | 7 |
| specify the nature of the violation or failure to comply,
and | 8 |
| shall
make its recommendations to the Secretary.
| 9 |
| The report of findings of fact, conclusions of law, and | 10 |
| recommendations of
the
Board shall be the basis for the | 11 |
| Department's order for refusal or for the
granting of a
license | 12 |
| or for other disciplinary action. If the Secretary disagrees in | 13 |
| any
regard with the
report of the Board, the Secretary may | 14 |
| issue an order in contravention thereof.
The
Secretary shall | 15 |
| provide a written report to the Board on any deviation and | 16 |
| shall specify
with particularity the reasons for such action in | 17 |
| the final order. The finding is not
admissible in evidence | 18 |
| against the person in a criminal prosecution brought for the
| 19 |
| violation of this Act, but the hearing and finding are not a | 20 |
| bar to a criminal prosecution
brought for the violation of this | 21 |
| Act.
| 22 |
| Section 95. Motion for rehearing. In any case involving | 23 |
| the refusal to issue
or
renew a license or to discipline a | 24 |
| licensee, a copy of the Board's report shall
be served
upon the | 25 |
| respondent by the Department, either personally or as provided | 26 |
| in this
Act for
the service of the notice of hearing. Within 20 | 27 |
| calendar days after such
service, the
respondent may present to | 28 |
| the Department a motion in writing for a rehearing,
which
| 29 |
| motion shall specify the particular grounds therefor. If no | 30 |
| motion for
rehearing is filed,
then upon the expiration of the | 31 |
| time specified for filing such a motion, or if
a motion for
| 32 |
| rehearing is denied, then upon such denial the Secretary may | 33 |
| enter an order in
accordance
with recommendations of the Board, |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
| 1 |
| except as provided for in Section 85. If the
respondent shall | 2 |
| order from the reporting service, and pay for a transcript of
| 3 |
| the record
within the time for filing a motion for rehearing, | 4 |
| the 20 calendar day period within which
such a motion may be | 5 |
| filed shall commence upon the delivery of the transcript to the
| 6 |
| respondent.
| 7 |
| Section 100. Rehearing. Whenever the Secretary is not | 8 |
| satisfied that
substantial
justice has been done in the | 9 |
| revocation, suspension or refusal to issue or
renew a license,
| 10 |
| the Secretary may order a rehearing by the same or other | 11 |
| examiners.
| 12 |
| Section 105. Hearing officer. The Secretary shall have the | 13 |
| authority to
appoint any
attorney duly licensed to practice law | 14 |
| in the State of Illinois to serve as the
hearing officer
in any | 15 |
| action or refusal to issue or renew a license or discipline a | 16 |
| licensee.
The Secretary
shall notify the Board of any such | 17 |
| appointment. The hearing officer shall have
full
authority to | 18 |
| conduct the hearing. The hearing officer shall report his | 19 |
| finding
of fact,
conclusions of law, and recommendations to the | 20 |
| Board and the Secretary. The
Board shall
have 60 days from | 21 |
| receipt of the report to review the report of the hearing
| 22 |
| officer and
present its own findings of fact, conclusions of | 23 |
| law and recommendations to the
Secretary.
If the Board fails to | 24 |
| present its report within the 60 day period, the Secretary
| 25 |
| shall issue an
order based on the report of the hearing | 26 |
| officer. If the Secretary disagrees in any regard
with the | 27 |
| report of the Board or hearing officer, he may issue an order | 28 |
| in contravention
thereof. The Secretary shall provide a written | 29 |
| explanation to the Board of any such
deviation and shall | 30 |
| specify with particularity the reasons for such action in the | 31 |
| final order.
At least 2 licensed clinical laboratory | 32 |
| practitioner members of the Board shall be present
at all |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
| 1 |
| formal hearings on the merits of complaints brought under the | 2 |
| provisions
of this
Act.
| 3 |
| Section 110. Prima facie proof. An order or a certified | 4 |
| copy thereof, over
the
seal of the Department and purporting to | 5 |
| be signed by the Secretary, shall be
prima facie
proof that:
| 6 |
| (1) the signature is the genuine signature of the | 7 |
| Secretary;
| 8 |
| (2) the Secretary is duly appointed and qualified; and
| 9 |
| (3) the Board and its members are qualified to act.
| 10 |
| Section 115. Restoration. At any time after the suspension | 11 |
| or revocation of
any
license, the Department may restore the | 12 |
| license to the accused person, upon the
written
recommendation | 13 |
| of the Board, unless after an investigation and a hearing, the
| 14 |
| Board
determines that restoration is not in the public | 15 |
| interest.
| 16 |
| Section 120. Surrender of license. Upon the revocation or | 17 |
| suspension of any
license, the licensee shall forthwith | 18 |
| surrender the license to the Department,
and if the
licensee | 19 |
| fails to do so, the Department shall have the right to seize | 20 |
| the
license.
| 21 |
| Section 125. Temporary suspension. The Secretary may | 22 |
| temporarily suspend the
license of a clinical laboratory | 23 |
| practitioner without a hearing, simultaneously
with the
| 24 |
| institution of proceedings for a hearing as provided in Section | 25 |
| 70 of this Act,
if the
Secretary finds that evidence in his or | 26 |
| her possession indicates that a clinical
laboratory
| 27 |
| practitioner's continuation in practice would constitute an | 28 |
| imminent danger to
the public.
In the event that the Secretary | 29 |
| suspends temporarily the license of a clinical
laboratory
| 30 |
| practitioner without a hearing, a hearing by the Board must be |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
| 1 |
| held within 30
calendar
days after such suspension has | 2 |
| occurred.
| 3 |
| Section 130. Judicial review. All final administrative | 4 |
| decisions of the
Department
are subject to judicial review | 5 |
| pursuant to the provisions of the Administrative
Review
Law and | 6 |
| all rules adopted pursuant thereto. The term "administrative | 7 |
| decision"
is
defined as in Section 3-101 of the Administrative | 8 |
| Review Law.
Proceedings for judicial review shall be commenced | 9 |
| in the circuit court of
the
county in which the party applying | 10 |
| for review resides. If the party is not a
resident of this
| 11 |
| State, the venue shall be in Sangamon County.
| 12 |
| Section 135. Certification of record. The Department shall | 13 |
| not be required
to
certify any record to the court or file any | 14 |
| answer in court or otherwise appear
in any court
in a judicial | 15 |
| review proceeding, unless there is filed in the court, with the
| 16 |
| complaint, a
receipt from the Department acknowledging payment | 17 |
| of the costs of furnishing
and
certifying the record, which | 18 |
| costs shall be computed at the actual cost per
page of such
| 19 |
| record. Failure on the part of the plaintiff to file such | 20 |
| receipt in court
shall be grounds for
dismissal of the action.
| 21 |
| Section 140. Criminal penalties. Any person who is found | 22 |
| to have violated
any
provision of the Act is guilty of a Class | 23 |
| A misdemeanor for the first offense,
and a Class
4 felony for | 24 |
| second and subsequent offenses.
| 25 |
| Section 145. Illinois Administrative Procedure Act. The | 26 |
| Illinois
Administrative
Procedure Act is hereby expressly | 27 |
| adopted and incorporated herein as if all of
the
provisions of | 28 |
| such Act were included in this Act, except that the provision | 29 |
| of
paragraph
(d) of Section 10-65 of The Illinois | 30 |
| Administrative Procedure Act, which
provides that at
hearings |
|
|
|
09400HB3157ham001 |
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LRB094 07825 RAS 44466 a |
|
| 1 |
| the licensee has the right to show compliance with all lawful
| 2 |
| requirements for
retention, continuation, or renewal of the | 3 |
| license is specifically excluded.
For the
purpose of this Act, | 4 |
| the notice required under Section 10-25 of The Illinois
| 5 |
| Administrative Procedure Act is deemed sufficient when mailed | 6 |
| to the last know
address
of a party.
| 7 |
| Section 150. Home rule. The regulation and licensing of | 8 |
| clinical laboratory
practitioners are exclusive powers and | 9 |
| functions of the State. A unit of local
government,
including | 10 |
| home rule units, may not regulate or license clinical | 11 |
| laboratory
practitioners.
This Section is a denial and | 12 |
| limitation under subsection (h) of Section 6 of
Article VII of
| 13 |
| the Illinois Constitution.
| 14 |
| Section 900. The State Finance Act is amended by adding | 15 |
| Sections 5.640 and 5.641 and by changing Section 8h as follows: | 16 |
| (30 ILCS 105/5.640 new)
| 17 |
| Sec. 5.640. The Methamphetamine Treatment Fund. | 18 |
| (30 ILCS 105/5.641 new)
| 19 |
| Sec. 5.641. The Autism Community-Based Residential | 20 |
| Services Fund. | 21 |
| (30 ILCS 105/8h)
| 22 |
| Sec. 8h. Transfers to General Revenue Fund. | 23 |
| (a) Except as provided in subsection (b), notwithstanding | 24 |
| any other
State law to the contrary, the Governor
may, through | 25 |
| June 30, 2007, from time to time direct the State Treasurer and | 26 |
| Comptroller to transfer
a specified sum from any fund held by | 27 |
| the State Treasurer to the General
Revenue Fund in order to | 28 |
| help defray the State's operating costs for the
fiscal year. | 29 |
| The total transfer under this Section from any fund in any
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| 1 |
| fiscal year shall not exceed the lesser of (i) 8% of the | 2 |
| revenues to be deposited
into the fund during that fiscal year | 3 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 4 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 5 |
| 2005 only, prior to calculating the July 1, 2004 final | 6 |
| balances, the Governor may calculate and direct the State | 7 |
| Treasurer with the Comptroller to transfer additional amounts | 8 |
| determined by applying the formula authorized in Public Act | 9 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 10 |
| be made from a fund under this Section that would have the
| 11 |
| effect of reducing the available balance in the fund to an | 12 |
| amount less than
the amount remaining unexpended and unreserved | 13 |
| from the total appropriation
from that fund estimated to be | 14 |
| expended for that fiscal year. This Section does not apply to | 15 |
| any
funds that are restricted by federal law to a specific use, | 16 |
| to any funds in
the Motor Fuel Tax Fund, the Hospital Provider | 17 |
| Fund, the Medicaid Provider Relief Fund, the Methamphetamine | 18 |
| Treatment Fund, the Autism Community-Based Residential | 19 |
| Services Fund, or the Reviewing Court Alternative Dispute | 20 |
| Resolution Fund, or to any
funds to which subsection (f) of | 21 |
| Section 20-40 of the Nursing and Advanced Practice Nursing Act | 22 |
| applies. Notwithstanding any
other provision of this Section, | 23 |
| for fiscal year 2004,
the total transfer under this Section | 24 |
| from the Road Fund or the State
Construction Account Fund shall | 25 |
| not exceed the lesser of (i) 5% of the revenues to be deposited
| 26 |
| into the fund during that fiscal year or (ii) 25% of the | 27 |
| beginning balance in the fund.
For fiscal year 2005 through | 28 |
| fiscal year 2007, no amounts may be transferred under this | 29 |
| Section from the Road Fund, the State Construction Account | 30 |
| Fund, the Criminal Justice Information Systems Trust Fund, the | 31 |
| Wireless Service Emergency Fund, or the Mandatory Arbitration | 32 |
| Fund.
| 33 |
| In determining the available balance in a fund, the | 34 |
| Governor
may include receipts, transfers into the fund, and |
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LRB094 07825 RAS 44466 a |
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| 1 |
| other
resources anticipated to be available in the fund in that | 2 |
| fiscal year.
| 3 |
| The State Treasurer and Comptroller shall transfer the | 4 |
| amounts designated
under this Section as soon as may be | 5 |
| practicable after receiving the direction
to transfer from the | 6 |
| Governor.
| 7 |
| (b) This Section does not apply to any fund established | 8 |
| under the Community Senior Services and Resources Act.
| 9 |
| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 10 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 11 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 12 |
| 1-15-05.)
| 13 |
| Section 997. Severability. The provisions of this Act are | 14 |
| severable under
Section 1.31 of the Statute on Statutes.
| 15 |
| Section 999. Effective date. This Act takes effect upon | 16 |
| becoming law.".
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