Full Text of HB0123 95th General Assembly
HB0123ham001 95TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Filed: 4/19/2007
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09500HB0123ham001 |
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LRB095 03941 RAS 35013 a |
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| AMENDMENT TO HOUSE BILL 123
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| AMENDMENT NO. ______. Amend House Bill 123 on page 2, | 3 |
| immediately below line 6, by inserting the following:
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| "Section 10. The Nursing Home Administrators Licensing and | 5 |
| Disciplinary Act is amended by changing Sections 4, 5, 5.1, 6, | 6 |
| 10.5, 11, 13, 15, 17, 18, 20, 20.1, 21, 22, 24, 24.1, 26, and 28 | 7 |
| as follows:
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| (225 ILCS 70/4) (from Ch. 111, par. 3654)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 4. Definitions. For purposes of this Act, the | 11 |
| following
definitions shall have the following meanings, | 12 |
| except where the context
requires otherwise:
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| (1) "Act" means the Nursing Home Administrators | 14 |
| Licensing and
Disciplinary Act.
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| (2) "Department" means the Department of Financial and
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| Professional
Regulation.
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| (3) "Secretary"
"Director" means the Secretary
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| Director of Financial and Professional
Regulation.
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| (4) "Board" means the Nursing Home Administrators | 4 |
| Licensing
and Disciplinary Board appointed by the | 5 |
| Governor.
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| (5) "Nursing home administrator" means the individual | 7 |
| licensed
under this
Act and directly responsible for | 8 |
| planning, organizing, directing and
supervising the | 9 |
| operation of a nursing home, or who in fact performs such
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| functions, whether or not such functions are delegated to | 11 |
| one or more
other persons.
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| (6) "Nursing home" or "facility" means any entity that | 13 |
| is required to be
licensed by the Department of Public | 14 |
| Health under the Nursing Home
Care Act, as amended, other | 15 |
| than a sheltered care home as
defined thereunder, and | 16 |
| includes private homes, institutions,
buildings,
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| residences, or other places, whether operated for profit or | 18 |
| not,
irrespective of the names attributed to them, county | 19 |
| homes for the infirm
and chronically ill operated pursuant | 20 |
| to the County Nursing Home Act, as
amended, and any similar | 21 |
| institutions operated by a political subdivision
of the | 22 |
| State of Illinois that provide, though their ownership or
| 23 |
| management, maintenance, personal care, and nursing for 3 | 24 |
| or more persons,
not related to the owner by blood or | 25 |
| marriage, or any similar facilities in
which maintenance is | 26 |
| provided to 3 or more persons who by reason of illness
of |
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| physical infirmity require personal care and nursing.
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| (7) "Maintenance" means food, shelter and laundry.
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| (8) "Personal care" means assistance with meals, | 4 |
| dressing,
movement,
bathing, or other personal needs, or | 5 |
| general supervision of
the physical and
mental well-being | 6 |
| of an individual who because of age, physical, or mental
| 7 |
| disability, emotion or behavior disorder, or mental | 8 |
| retardation is
incapable of managing his or her person, | 9 |
| whether or not a guardian has been
appointed for such | 10 |
| individual. For the purposes of this Act, this
definition | 11 |
| does not include the professional services of a nurse.
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| (9) "Nursing" means professional nursing or practical | 13 |
| nursing,
as those terms are defined in the Nursing and | 14 |
| Advanced Practice Nursing Act,
for sick or infirm persons | 15 |
| who are under the care
and supervision of licensed | 16 |
| physicians or dentists.
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| (10) "Disciplinary action" means revocation, | 18 |
| suspension,
probation, supervision, reprimand, required | 19 |
| education, fines or
any other action taken by the | 20 |
| Department against a person holding a
license.
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| (11) "Impaired" means the inability to practice with
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| reasonable skill and
safety due to physical or mental | 23 |
| disabilities as evidenced by a written
determination or | 24 |
| written consent based on clinical evidence including
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| deterioration through the aging process or loss of motor | 26 |
| skill, or abuse of
drugs or alcohol, of sufficient degree |
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| to diminish a person's ability to
administer a nursing | 2 |
| home.
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| (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
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| (225 ILCS 70/5) (from Ch. 111, par. 3655)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 5. Board.
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| (a) There is hereby created the Nursing Home Administrators
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| Licensing and Disciplinary Board. The Board shall consist of 7
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| 9 members
appointed by the Governor. All shall be residents of | 10 |
| the State of
Illinois. Two
Three members shall be | 11 |
| representatives of the general public.
Five
Six members shall | 12 |
| be nursing home administrators who for at least 5 years
prior | 13 |
| to their appointments were licensed under this Act. The public
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| members shall have no responsibility for management or | 15 |
| formation of policy
of, nor any financial interest in, nursing | 16 |
| homes as defined in this Act,
nor any other connection with the | 17 |
| profession. In appointing licensed
nursing home | 18 |
| administrators, the Governor shall take into consideration the
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| recommendations of the nursing home professional associations.
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| (b) Members shall be appointed for a term of
4 years by the | 21 |
| Governor. The Governor shall fill any vacancy
for the remainder | 22 |
| of the unexpired term.
Any member of the Board may be removed | 23 |
| by the Governor for cause. Each
member shall serve on the Board
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| until his or her successor is appointed and qualified. No | 25 |
| member
of the Board shall serve more than 2 consecutive 4 year |
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| terms.
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| In making appointments the Governor shall attempt to
insure | 3 |
| that the various geographic regions of the
State of Illinois | 4 |
| are properly represented.
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| (c) The Board shall annually elect one of
its members as | 6 |
| chairperson and one as vice chairperson. No officer shall be
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| elected more than twice
in succession to the same office. Each | 8 |
| officer shall serve
until his or her successor has been elected | 9 |
| and qualified.
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| (d) A majority of the Board members currently appointed | 11 |
| shall constitute a
quorum. A vacancy in the membership of
the | 12 |
| Board shall not impair the right of a
quorum to exercise all | 13 |
| the rights and perform all the duties
of the Board.
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| (e) Each member and member-officer of the
Board may
shall
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| receive a per diem stipend as the
Secretary
Director shall | 16 |
| determine. Each member shall be paid their necessary
expenses | 17 |
| while engaged in the performance of his or her duties.
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| (f) (Blank).
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| (g) (Blank).
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| (h) Members of the Board shall be immune
from suit in any | 21 |
| action based upon any disciplinary
proceedings or other acts | 22 |
| performed in good faith as members
of the Board.
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| (i) (Blank).
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| (j) The Secretary
Director shall give due consideration to | 25 |
| all recommendations of
the Board. If the Secretary
Director
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| disagrees with or takes action contrary to the
recommendation |
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| of the Board, he or she shall provide the Board with a written
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| and specific explanation of his or her action.
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| (Source: P.A. 89-507, eff. 7-1-97; 90-61, eff. 12-30-97.)
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| (225 ILCS 70/5.1)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 5.1. Powers and duties; rules. The Department shall | 7 |
| exercise the
powers and duties prescribed by
the Civil | 8 |
| Administrative Code of Illinois for administration of | 9 |
| licensing acts
and shall exercise such other powers and duties | 10 |
| necessary for effectuating the
purposes of this Act. The | 11 |
| Department shall adopt rules to implement,
interpret, or make | 12 |
| specific the provisions and purposes of this Act and may
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| prescribe forms that shall be issued in connection with | 14 |
| rulemaking. The
Department shall transmit the proposed | 15 |
| rulemaking to the Board.
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| The Department may solicit the advice of the Board on any | 17 |
| matter relating to
the administration and enforcement of this | 18 |
| Act.
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| The Director shall employ, in conformity with the Personnel | 20 |
| Code,
professional, technical, investigative, and clerical | 21 |
| help on a
full-time or
part-time basis as necessary for the | 22 |
| proper performance of its duties.
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| Upon the written request of the Department, the Department | 24 |
| of Public Health, the Department of Human
Services or the | 25 |
| Department of State Police may cooperate and assist in
any |
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| investigation undertaken by the Board.
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| (Source: P.A. 90-61, eff. 12-30-97.)
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| (225 ILCS 70/6) (from Ch. 111, par. 3656)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 6. Application procedure. Applications for original | 6 |
| licenses shall
be made to the
Department in writing on forms | 7 |
| prescribed by the Department and shall be
accompanied by the | 8 |
| required fee, which shall not be refundable. The
application | 9 |
| shall require information as in the judgment of the
Department | 10 |
| will enable the Department to pass on the
qualifications of the
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| applicant for a license.
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| Applicants have 3 years after the date of application to | 13 |
| complete the application process. If the process has not been | 14 |
| completed in 3 years, the application shall be denied, the fee | 15 |
| forfeited, and the applicant must reapply and meet the | 16 |
| requirements in effect at the time of reapplication.
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| (Source: P.A. 90-61, eff. 12-30-97.)
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| (225 ILCS 70/10.5)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 10.5. Unlicensed practice; violation; civil penalty.
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| (a) Any person who practices, offers to practice, attempts | 22 |
| to practice, or
holds oneself out to practice as a nursing home | 23 |
| administrator without being
licensed under this Act shall, in
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| addition to any other penalty provided by law, pay a civil |
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| penalty to the
Department in an amount not to exceed $10,000
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| $5,000 for each offense as determined by
the Department. The | 3 |
| civil penalty shall be assessed by the Department after a
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| hearing is held in accordance with the provisions set forth in | 5 |
| this Act
regarding the provision of a hearing for the | 6 |
| discipline of a licensee.
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| (b) The Department has the authority and power to | 8 |
| investigate any and all
unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after | 10 |
| the effective date
of the order imposing the civil penalty. The | 11 |
| order shall constitute a judgment
and may be filed and | 12 |
| execution had thereon in the same manner as any judgment
from | 13 |
| any court of record.
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| (Source: P.A. 89-474, eff. 6-18-96.)
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| (225 ILCS 70/11) (from Ch. 111, par. 3661)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 11. Expiration; renewal; continuing education. The | 18 |
| expiration date
and renewal period for each license
issued | 19 |
| under this Act shall be set by rule.
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| Each licensee shall provide proof of having obtained 36 | 21 |
| hours of
continuing education in the 2 year period preceding | 22 |
| the renewal date of the
license as a condition of license | 23 |
| renewal. The continuing education
requirement may be waived in | 24 |
| part or in whole for such good cause as may be
determined by | 25 |
| rule.
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| Any continuing education course for nursing home | 2 |
| administrators approved
by the National Continuing Education | 3 |
| Review Service of the National
Association of Boards of | 4 |
| Examiners of Nursing Home Administrators will be
accepted | 5 |
| toward satisfaction of these requirements.
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| Any continuing education course for nursing home | 7 |
| administrators sponsored
by the Life Services Network of | 8 |
| Illinois, Illinois Council on
Long Term Care, County Nursing | 9 |
| Home Association of Illinois, Illinois Health
Care | 10 |
| Association, Illinois Chapter of American College of Health | 11 |
| Care
Administrators, and the Illinois Nursing Home | 12 |
| Administrators Association
will be accepted toward | 13 |
| satisfaction of these requirements.
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| Any school, college or university, State agency, or other | 15 |
| entity may
apply to the Department for approval as a continuing | 16 |
| education
sponsor.
Criteria for qualification as a continuing | 17 |
| education sponsor shall be
established by rule.
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| It shall be the responsibility of each continuing education | 19 |
| sponsor to
maintain records, as prescribed by rule, to verify | 20 |
| attendance.
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| The Department shall establish by rule a means for the | 22 |
| verification of
completion of the continuing education | 23 |
| required by this Section. This
verification may be accomplished | 24 |
| through audits of records maintained by
registrants; by | 25 |
| requiring the filing of continuing education certificates
with | 26 |
| the Department; or by other means
established by the |
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| Department.
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| Any nursing home administrator who has permitted his or her | 3 |
| license to
expire or
who has had his or her license on inactive | 4 |
| status may have his or her
license restored by
making | 5 |
| application to the Department and filing proof acceptable to | 6 |
| the
Department , as defined by rule, of his or her fitness to | 7 |
| have his or her license restored
and by paying the
required | 8 |
| fee. Proof of fitness may include evidence certifying to active
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| lawful practice in another jurisdiction satisfactory to the | 10 |
| Department and
by paying the required restoration fee.
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| However, any nursing home administrator whose license | 12 |
| expired while he or
she
was (1) in federal service on active | 13 |
| duty with the Armed Forces of the
United States, or the State | 14 |
| Militia called into service or training, or (2)
in training or | 15 |
| education under the supervision of the United States
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| preliminary to induction into the military services, may have | 17 |
| his or her
license
renewed or restored without paying any | 18 |
| lapsed renewal fees if within 2
years after honorable | 19 |
| termination of such service, training or education,
he or she | 20 |
| furnishes the Department with satisfactory evidence to the | 21 |
| effect
that
he or she has been so engaged and that his or her | 22 |
| service, training or
education has been
so terminated.
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| (Source: P.A. 90-61, eff. 12-30-97.)
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| (225 ILCS 70/13) (from Ch. 111, par. 3663)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 13. Endorsement. The Department may, in its | 2 |
| discretion, license as a
nursing
home administrator, without | 3 |
| examination, on payment of the required fee, an
applicant who | 4 |
| is so licensed under the laws of another U.S. jurisdiction,
if | 5 |
| the requirements for licensure in the other jurisdiction in | 6 |
| which the
applicant was licensed were, at the date of his or | 7 |
| her licensure,
substantially
equivalent to the requirements | 8 |
| then in force in this State; or if the
applicant's | 9 |
| qualifications were, at the date of his or her licensure in the
| 10 |
| other
jurisdiction, substantially equivalent to the | 11 |
| requirements then in force
in this State.
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| Notwithstanding the provisions of this Section, all | 13 |
| applicants seeking
licensure under this Section shall be | 14 |
| required to take and pass an
examination testing the | 15 |
| applicant's knowledge of Illinois law relating to
the practice | 16 |
| of nursing home administration.
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| Applicants have 3 years from the date of application to | 18 |
| complete the
application process. If the process has not been | 19 |
| completed in 3 years,
the application shall be denied, the fee | 20 |
| shall be forfeited, and the
applicant must
reapply and meet the | 21 |
| requirements in effect at the time of reapplication.
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| (Source: P.A. 90-61, eff. 12-30-97.)
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| (225 ILCS 70/15) (from Ch. 111, par. 3665)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 15. Returned checks; fines. Any person who delivers a |
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| check or other payment to the Department that
is returned to | 2 |
| the Department unpaid by the financial institution upon
which | 3 |
| it is drawn shall pay to the Department, in addition to the | 4 |
| amount
already owed to the Department, a fine of $50. The fines | 5 |
| imposed by this Section are in addition
to any other discipline | 6 |
| provided under this Act for unlicensed
practice or practice on | 7 |
| a nonrenewed license. The Department shall notify
the person | 8 |
| that payment of fees and fines shall be paid to the Department
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| by certified check or money order within 30 calendar days of | 10 |
| the
notification. If, after the expiration of 30 days from the | 11 |
| date of the
notification, the person has failed to submit the | 12 |
| necessary remittance, the
Department shall automatically | 13 |
| terminate the license or deny
the application, without hearing. | 14 |
| If, after termination or denial, the
person seeks a license, he | 15 |
| or she shall apply to the
Department for restoration or | 16 |
| issuance of the license and
pay all fees and fines due to the | 17 |
| Department. The Department may establish
a fee for the | 18 |
| processing of an application for restoration of a license to | 19 |
| pay
all expenses of processing this application. The Secretary
| 20 |
| Director
may waive the fines due under this Section in | 21 |
| individual cases where the
Secretary
Director finds that the | 22 |
| fines would be unreasonable or unnecessarily
burdensome.
| 23 |
| (Source: P.A. 92-146, eff. 1-1-02.)
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| (225 ILCS 70/17) (from Ch. 111, par. 3667)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 17. Grounds for disciplinary action.
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| (a) The Department may impose fines not to exceed $10,000
| 3 |
| $1,000, or may
refuse to issue or to renew, or may revoke, | 4 |
| suspend, place on probation,
censure, reprimand or take other | 5 |
| disciplinary or non-disciplinary action with regard to the
| 6 |
| license of any person, for any one or combination
of the | 7 |
| following causes:
| 8 |
| (1) Intentional material misstatement in furnishing | 9 |
| information
to
the Department.
| 10 |
| (2) Conviction of or entry of a plea of guilty or nolo | 11 |
| contendere to any crime that is a felony under the laws of | 12 |
| the United States
or any
state or territory thereof that is | 13 |
| a felony or
a misdemeanor of which an
essential element is | 14 |
| dishonesty , or of any crime that is directly
related to the | 15 |
| practice of the profession of nursing home administration.
| 16 |
| (3) Making any misrepresentation for the purpose of | 17 |
| obtaining
a license,
or violating any provision of this | 18 |
| Act.
| 19 |
| (4) Immoral conduct in the commission of any act, such | 20 |
| as
sexual abuse or
sexual misconduct, related to the | 21 |
| licensee's practice.
| 22 |
| (5) Failing to respond within 30
60 days, to a
written | 23 |
| request made by the Department for information.
| 24 |
| (6) Engaging in dishonorable, unethical or | 25 |
| unprofessional
conduct of a
character likely to deceive, | 26 |
| defraud or harm the public.
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| (7) Habitual use or addiction to alcohol, narcotics,
| 2 |
| stimulants, or any
other chemical agent or drug which | 3 |
| results in the inability to practice
with reasonable | 4 |
| judgment, skill or safety.
| 5 |
| (8) Discipline by another U.S. jurisdiction if at
least | 6 |
| one of the grounds for the discipline is the same or | 7 |
| substantially
equivalent to those set forth herein.
| 8 |
| (9) A finding by the Department that the licensee, | 9 |
| after having
his or her license
placed on probationary | 10 |
| status has violated the terms of probation.
| 11 |
| (10) Willfully making or filing false records or | 12 |
| reports in
his or her
practice,
including but not limited | 13 |
| to false records filed with State agencies or
departments.
| 14 |
| (11) Physical illness, mental illness, or other | 15 |
| impairment or disability, including , but not limited to,
| 16 |
| deterioration
through the aging process, or loss of motor | 17 |
| skill that results in
the
inability to practice the | 18 |
| profession with reasonable judgment, skill or safety.
| 19 |
| (12) Disregard or violation of this Act or of any rule
| 20 |
| issued pursuant to this Act.
| 21 |
| (13) Aiding or abetting another in the violation of | 22 |
| this Act
or any rule
or regulation issued pursuant to this | 23 |
| Act.
| 24 |
| (14) Allowing one's license to be used by an unlicensed
| 25 |
| person.
| 26 |
| (15) (Blank).
Conviction of any crime an essential |
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| element of which is
misstatement, fraud or dishonesty, or | 2 |
| conviction in this State or another
state
of any crime that | 3 |
| is a felony under the laws of this State or
conviction
of a | 4 |
| felony in a federal court.
| 5 |
| (16) Professional incompetence in the practice of | 6 |
| nursing
home administration.
| 7 |
| (17) Conviction of a violation of Section 12-19 of the
| 8 |
| Criminal Code of
1961 for the abuse and gross neglect of a | 9 |
| long term care facility resident.
| 10 |
| (18) Violation of the Nursing Home Care Act or of any | 11 |
| rule
issued under the Nursing Home Care Act.
| 12 |
| All proceedings to suspend, revoke, place on
probationary | 13 |
| status, or take any other disciplinary action
as the Department | 14 |
| may deem proper, with regard to a license
on any of the | 15 |
| foregoing grounds, must be commenced within
3 years next after | 16 |
| receipt by the Department of (i) a
complaint
alleging the | 17 |
| commission of or notice of the conviction order
for any of the | 18 |
| acts described herein or (ii) a referral for investigation
| 19 |
| under
Section 3-108 of the Nursing Home Care Act.
| 20 |
| The entry of an order or judgment by any circuit court | 21 |
| establishing that
any person holding a license under this Act | 22 |
| is a person in need of mental
treatment operates as a | 23 |
| suspension of that license. That person may resume
their | 24 |
| practice only upon the entry of a Department order based upon a
| 25 |
| finding by the Board that they have been determined to
be | 26 |
| recovered from mental illness by the court and upon the
Board's |
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| recommendation that they be permitted to resume their practice.
| 2 |
| The Department, upon the recommendation of the
Board, may
| 3 |
| shall adopt rules which set forth
standards to be used in | 4 |
| determining what constitutes:
| 5 |
| (i)
(a) when a person will be deemed sufficiently
| 6 |
| rehabilitated to warrant the public trust;
| 7 |
| (ii)
(b) dishonorable, unethical or
unprofessional | 8 |
| conduct of a character likely to deceive,
defraud, or harm | 9 |
| the public;
| 10 |
| (iii)
(c) immoral conduct in the commission
of any act | 11 |
| related to the licensee's practice; and
| 12 |
| (iv)
(d) professional incompetence in the practice
of | 13 |
| nursing home administration.
| 14 |
| However, no such rule shall be admissible into evidence
in | 15 |
| any civil action except for review of a licensing or
other | 16 |
| disciplinary action under this Act.
| 17 |
| In enforcing this Section, the Department or Board, upon a | 18 |
| showing of a
possible
violation,
may compel any individual | 19 |
| licensed to practice under this
Act, or who has applied for | 20 |
| licensure
pursuant to this Act, to submit to a mental or | 21 |
| physical
examination, or both, as required by and at the | 22 |
| expense of
the Department. The examining physician or | 23 |
| physicians shall
be those specifically designated by the | 24 |
| Department or Board.
The Department or Board may order the | 25 |
| examining physician to present
testimony
concerning this | 26 |
| mental or physical examination of the licensee or applicant. No
|
|
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|
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| 1 |
| information shall be excluded by reason of any common law or | 2 |
| statutory
privilege relating to communications between the | 3 |
| licensee or applicant and the
examining physician.
The | 4 |
| individual to be examined may have, at his or her own
expense, | 5 |
| another physician of his or her choice present
during all | 6 |
| aspects of the examination. Failure of any
individual to submit | 7 |
| to mental or physical examination, when
directed, shall be | 8 |
| grounds for suspension of his or her
license until such time as | 9 |
| the individual submits to the
examination if the Department | 10 |
| finds, after notice
and hearing, that the refusal to submit to | 11 |
| the examination
was without reasonable cause.
| 12 |
| If the Department or Board
finds an individual unable to | 13 |
| practice
because of the reasons
set forth in this Section, the | 14 |
| Department or Board shall
require such individual to submit to | 15 |
| care, counseling, or
treatment by physicians approved or | 16 |
| designated by the
Department or Board, as a condition, term, or | 17 |
| restriction for
continued,
reinstated, or renewed licensure to | 18 |
| practice; or in lieu of care, counseling,
or
treatment, the | 19 |
| Department may file, or the Board may recommend to the
| 20 |
| Department to
file, a complaint to
immediately suspend, revoke, | 21 |
| or otherwise discipline the license of the
individual.
Any | 22 |
| individual whose license was granted pursuant to
this Act or | 23 |
| continued, reinstated, renewed,
disciplined or supervised, | 24 |
| subject to such terms, conditions
or restrictions who shall | 25 |
| fail to comply with such terms,
conditions or restrictions
| 26 |
| shall be referred to the Secretary
Director for a
determination |
|
|
|
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| 1 |
| as to whether the licensee shall have his or her
license | 2 |
| suspended immediately, pending a hearing by the
Department. In | 3 |
| instances in which the Secretary
Director
immediately suspends | 4 |
| a license under this Section, a hearing
upon such person's | 5 |
| license must be convened by the
Board within 30
15 days after | 6 |
| such suspension and
completed without appreciable delay. The | 7 |
| Department and Board
shall have the authority to review the | 8 |
| subject administrator's
record of treatment and counseling | 9 |
| regarding the impairment,
to the extent permitted by applicable | 10 |
| federal statutes and
regulations safeguarding the | 11 |
| confidentiality of medical records.
| 12 |
| An individual licensed under this Act, affected under
this | 13 |
| Section, shall be afforded an opportunity to
demonstrate to the | 14 |
| Department or Board that he or she can
resume
practice in | 15 |
| compliance with acceptable and prevailing
standards under the | 16 |
| provisions of his or her license.
| 17 |
| (b) Any individual or
organization acting in good faith, | 18 |
| and not in a wilful and
wanton manner, in complying with this | 19 |
| Act by providing any
report or other information to the | 20 |
| Department, or
assisting in the investigation or preparation of | 21 |
| such
information, or by participating in proceedings of the
| 22 |
| Department, or by serving as a member of the
Board, shall not, | 23 |
| as a result of such actions,
be subject to criminal prosecution | 24 |
| or civil damages.
| 25 |
| (c) Members of the Board, and persons
retained under | 26 |
| contract to assist and advise in an investigation,
shall be |
|
|
|
09500HB0123ham001 |
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| 1 |
| indemnified by the State for any actions
occurring within the | 2 |
| scope of services on or for the Board, done in good
faith
and | 3 |
| not wilful and wanton in
nature. The Attorney General shall | 4 |
| defend all such actions
unless he or she determines either that | 5 |
| there would be a
conflict of interest in such representation or | 6 |
| that the
actions complained of were not in good faith or were | 7 |
| wilful and wanton.
| 8 |
| Should the Attorney General decline representation,
a | 9 |
| person entitled to indemnification under this Section shall | 10 |
| have the
right to employ counsel of his or her
choice, whose | 11 |
| fees shall be provided by the State, after
approval by the | 12 |
| Attorney General, unless there is a
determination by a court | 13 |
| that the member's actions were not
in good faith or were wilful | 14 |
| and wanton.
| 15 |
| A person entitled to indemnification under this
Section | 16 |
| must notify the Attorney General within 7
days of receipt of | 17 |
| notice of the initiation of any action
involving services of | 18 |
| the Board. Failure to so
notify the Attorney General shall | 19 |
| constitute an absolute
waiver of the right to a defense and | 20 |
| indemnification.
| 21 |
| The Attorney General shall determine within 7 days
after | 22 |
| receiving such notice, whether he or she will undertake to | 23 |
| represent
a
person entitled to indemnification under this | 24 |
| Section.
| 25 |
| (d) The determination by a circuit court that a licensee is | 26 |
| subject to
involuntary admission or judicial admission as |
|
|
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09500HB0123ham001 |
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| 1 |
| provided in the Mental
Health and Developmental Disabilities | 2 |
| Code, as amended, operates as an
automatic suspension. Such | 3 |
| suspension will end only upon a finding by a
court that the | 4 |
| patient is no longer subject to involuntary admission or
| 5 |
| judicial admission and issues an order so finding and | 6 |
| discharging the
patient; and upon the recommendation of the | 7 |
| Board to the Secretary
Director that
the licensee be allowed to | 8 |
| resume his or her practice.
| 9 |
| (e) The Department may refuse to issue or may suspend the | 10 |
| license of
any person who fails to file a return, or to pay the | 11 |
| tax, penalty or
interest shown in a filed return, or to pay any | 12 |
| final assessment of tax,
penalty or interest, as required by | 13 |
| any tax Act administered by the Department of Revenue, until | 14 |
| such time as the requirements of any
such tax Act are | 15 |
| satisfied.
| 16 |
| (f) The Department of Public Health shall transmit to the
| 17 |
| Department a list of those facilities which receive an "A" | 18 |
| violation as
defined in Section 1-129 of the Nursing Home Care | 19 |
| Act.
| 20 |
| (Source: P.A. 89-197, eff. 7-21-95; 90-61, eff. 12-30-97.)
| 21 |
| (225 ILCS 70/18) (from Ch. 111, par. 3668)
| 22 |
| (Section scheduled to be repealed on January 1, 2008)
| 23 |
| Sec. 18. Cease and desist order.
| 24 |
| (a) If any person who is not a licensed nursing home | 25 |
| administrator
violates a provision of this Act, the
Secretary
|
|
|
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| 1 |
| Director may, in the name of the People of the State of | 2 |
| Illinois, through
the Attorney General of the State of Illinois | 3 |
| or the State's Attorney of
any county in which the action is | 4 |
| brought, petition for an order enjoining
such violation or for | 5 |
| an order enforcing compliance with this Act. Upon
the filing of | 6 |
| a verified petition in court, the court may issue a temporary
| 7 |
| restraining order, without notice or bond, and may | 8 |
| preliminarily and
permanently enjoin such violation. If it is | 9 |
| established that such
person has violated or is violating the | 10 |
| injunction, the Court may punish
the offender for contempt of | 11 |
| court. Proceedings under this Section shall
be in addition to, | 12 |
| and not in lieu of, all other remedies and penalties
provided | 13 |
| by this Act.
| 14 |
| (b) If any person shall practice as a nursing home | 15 |
| administrator or hold
himself or herself out as a nursing home | 16 |
| administrator without being
licensed under
the provisions of | 17 |
| this Act, then any licensed nursing home administrator,
any | 18 |
| interested party, or any person injured thereby may, in | 19 |
| addition to the Secretary
Director , petition for relief as | 20 |
| provided in subsection (a) of this Section.
| 21 |
| Whoever knowingly practices or offers to practice nursing | 22 |
| home
administration in this State without being licensed for | 23 |
| that purpose shall
be guilty of a Class A misdemeanor and for | 24 |
| each subsequent conviction
shall be guilty of a Class 4 felony.
| 25 |
| (c) Whenever in the opinion of the Department any person | 26 |
| not licensed in
good standing violates any provision of this |
|
|
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09500HB0123ham001 |
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| 1 |
| Act, the Department may issue
a rule to show cause why an order | 2 |
| to cease and desist should not be entered
against him or her. | 3 |
| The rule shall clearly set forth the grounds relied
upon by
the | 4 |
| Department and shall provide a period of 7 working days from | 5 |
| the date
of the rule to file an answer to the satisfaction of | 6 |
| the Department.
Failure to answer to the satisfaction of the | 7 |
| Department shall cause an
order to cease and desist to be | 8 |
| issued immediately.
| 9 |
| (Source: P.A. 90-61, eff. 12-30-97.)
| 10 |
| (225 ILCS 70/20) (from Ch. 111, par. 3670)
| 11 |
| (Section scheduled to be repealed on January 1, 2008)
| 12 |
| Sec. 20. Board hearing; recommendation. At the time and | 13 |
| place fixed in
the
notice, the Board
shall proceed to hear the | 14 |
| charges and the parties
both the accused
person and the | 15 |
| complainant shall be accorded ample
opportunity to present in | 16 |
| person, or by counsel, such
statements, testimony, evidence and | 17 |
| argument as may be
pertinent to the charges or to any defense | 18 |
| thereto. The
Board may continue such hearing from time to
time. | 19 |
| If the Board is not sitting at the time
and place fixed in the | 20 |
| notice or at the time and place to
which the hearing has been | 21 |
| continued, the Department shall
continue such hearing for a | 22 |
| period not to exceed 30 days.
| 23 |
| In case the accused person, after receiving notice,
fails | 24 |
| to file an answer, the Board may recommend that his or her | 25 |
| license
be suspended, revoked or placed on probationary status, |
|
|
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09500HB0123ham001 |
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|
| 1 |
| or the Board
may recommend whatever disciplinary action as it | 2 |
| may deem
proper, without a hearing, if the act or acts charged | 3 |
| constitute sufficient
grounds for such action under this Act.
| 4 |
| The Board has the authority to recommend
to the Secretary
| 5 |
| Director that probation be granted or that other
disciplinary | 6 |
| action be taken as it
deems proper. If disciplinary action, | 7 |
| other than suspension
or revocation, is taken the Board may | 8 |
| recommend
that the Secretary
Director impose reasonable | 9 |
| limitations and
requirements upon the accused to insure
| 10 |
| compliance with the terms of the probation or other
| 11 |
| disciplinary action, including but not limited to regular
| 12 |
| reporting by the accused to the Department of their actions,
| 13 |
| placing themselves under the care of a qualified physician
for | 14 |
| treatment, or limiting their practice in such manner as
the | 15 |
| Secretary
Director may require.
| 16 |
| (Source: P.A. 90-61, eff. 12-30-97.)
| 17 |
| (225 ILCS 70/20.1)
| 18 |
| (Section scheduled to be repealed on January 1, 2008)
| 19 |
| Sec. 20.1. Summary suspension. The Secretary
Director
may | 20 |
| summarily
suspend the license of a nursing home administrator | 21 |
| without a hearing,
simultaneously with the institution of | 22 |
| proceedings for a
hearing provided under this Act
Section if | 23 |
| the Secretary
Director finds
that evidence in his or her | 24 |
| possession indicates that an
administrator's continuation in | 25 |
| practice would constitute an
immediate danger to the public.
If |
|
|
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09500HB0123ham001 |
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| 1 |
| the Secretary
Director summarily suspends the license of an | 2 |
| administrator without a
hearing, a hearing shall
be held within | 3 |
| 30 days after the suspension has occurred.
| 4 |
| (Source: P.A. 90-61, eff. 12-30-97.)
| 5 |
| (225 ILCS 70/21) (from Ch. 111, par. 3671)
| 6 |
| (Section scheduled to be repealed on January 1, 2008)
| 7 |
| Sec. 21. Appointment of hearing officer. The Secretary
| 8 |
| Director shall have the
authority to
appoint an attorney duly | 9 |
| licensed to practice law in the
State of Illinois to serve as | 10 |
| the hearing officer in any
action for refusal to issue, renew, | 11 |
| or discipline a license.
The hearing officer shall have full | 12 |
| authority to conduct the
hearing. There shall be present at | 13 |
| least one member of the Board at any
such hearing. The hearing | 14 |
| officer shall report his or her findings of
fact, conclusions | 15 |
| of law, and
recommendations to the Board. The Board shall
have | 16 |
| 60 days after receipt of the report to review the
report
of the | 17 |
| hearing officer and present its findings of fact,
conclusions | 18 |
| of law, and recommendations to the Secretary
Director .
If the | 19 |
| Board fails to present its report to the Secretary
within the | 20 |
| 60 day period ,
the
Secretary
Director may issue an order based | 21 |
| on the report of the hearing officer.
However, if the Board | 22 |
| does present its report within the specified 60 days,
the | 23 |
| Director's order shall be based upon the report of the Board.
| 24 |
| If the Secretary
Director disagrees with the recommendation of | 25 |
| the Board or the hearing
officer, the Secretary
Director may |
|
|
|
09500HB0123ham001 |
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LRB095 03941 RAS 35013 a |
|
| 1 |
| issue an order in contravention of the Board's
report. The | 2 |
| Secretary
Director shall promptly provide a written | 3 |
| explanation to the Board
on any such disagreement.
| 4 |
| (Source: P.A. 90-61, eff. 12-30-97.)
| 5 |
| (225 ILCS 70/22) (from Ch. 111, par. 3672)
| 6 |
| (Section scheduled to be repealed on January 1, 2008)
| 7 |
| Sec. 22. Subpoena power. The Board or Department has
power | 8 |
| to subpoena and bring before it any person in this
State and to | 9 |
| take testimony either orally or by deposition,
or both, with | 10 |
| the same fees and mileage and in the same
manner as is | 11 |
| prescribed by law for judicial proceedings in civil cases.
| 12 |
| The Department, upon a determination that
probable cause | 13 |
| exists that a violation of one or more of the
grounds for | 14 |
| discipline listed in Section 17 has occurred or
is occurring, | 15 |
| may subpoena the records
of an individual licensed under this
| 16 |
| Act provided that prior to the submission of such records
to | 17 |
| the Board, all information indicating the
identity of any | 18 |
| resident shall be removed and deleted. The
use of such records | 19 |
| shall be restricted to members of the
Board and
appropriate | 20 |
| staff of the Department for the
purpose of determining the | 21 |
| existence of one or more grounds
for discipline of the nursing | 22 |
| home administrator as provided for by Section
17 of this Act. | 23 |
| Any such review of individual residents'
records shall be | 24 |
| conducted by the Board in
strict confidentiality, provided that | 25 |
| such resident records
shall be admissible in a disciplinary |
|
|
|
09500HB0123ham001 |
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| 1 |
| hearing, before the
Department, when necessary to substantiate | 2 |
| the
grounds for discipline alleged against the administrator
| 3 |
| licensed under this Act, and provided further that nothing
| 4 |
| herein shall be deemed to supersede the provisions of Part
21 | 5 |
| of Article VIII of the Code of Civil Procedure, as now
or | 6 |
| hereafter amended, to the extent applicable.
| 7 |
| The Secretary
Director , the designated hearing officer, | 8 |
| and any member of the Board have the power to administer oaths | 9 |
| at any hearing that the Department is authorized to conduct and | 10 |
| any other
oaths authorized in an Act administered by the | 11 |
| Department.
| 12 |
| (Source: P.A. 90-61, eff. 12-30-97.)
| 13 |
| (225 ILCS 70/24) (from Ch. 111, par. 3674)
| 14 |
| (Section scheduled to be repealed on January 1, 2008)
| 15 |
| Sec. 24. Motion for rehearing. The Board shall present to
| 16 |
| the Secretary
Director a written report of its findings and
| 17 |
| recommendations. A copy of such report shall be served upon
the | 18 |
| accused person, either personally or by
certified mail. Within | 19 |
| 20 days after such service, the
accused person may present to | 20 |
| the Department a motion,
in writing, for a rehearing, which | 21 |
| shall
specify the particular grounds for rehearing. If the
| 22 |
| accused
person orders and pays for a transcript of the record | 23 |
| as
provided in Section 23, the time elapsing thereafter and
| 24 |
| before such transcript is ready for delivery to them shall
not | 25 |
| be counted as part of such 30 days.
|
|
|
|
09500HB0123ham001 |
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|
| 1 |
| (Source: P.A. 90-61, eff. 12-30-97.)
| 2 |
| (225 ILCS 70/24.1)
| 3 |
| (Section scheduled to be repealed on January 1, 2008)
| 4 |
| Sec. 24.1. Surrender of license; record; list of | 5 |
| disciplined licensees
disciplinees . Upon the suspension,
| 6 |
| revocation, placement on probationary status, or the taking
of | 7 |
| any other disciplinary action deemed
proper by the Board with | 8 |
| regard to a license, the accused shall
surrender his or her | 9 |
| license to the Department, if ordered to do
so by the | 10 |
| Department, and upon his or her failure or refusal
to do so, | 11 |
| the Department may seize the license.
| 12 |
| Each order of revocation, suspension, or
other | 13 |
| disciplinary action shall contain a brief, concise
statement of | 14 |
| the ground or grounds upon which the
Department's action is | 15 |
| based, as well as the specific terms
and conditions of such | 16 |
| action. This document shall be
retained as a permanent record | 17 |
| by the Board and the Secretary
Director .
| 18 |
| The Department shall at least annually publish a list
of | 19 |
| the names of all persons disciplined under this Act in
the | 20 |
| preceding 12 months. Such lists shall be mailed by the
| 21 |
| Department to any person in the State upon request.
| 22 |
| In those instances where an order of revocation,
| 23 |
| suspension, or other disciplinary action has been rendered
by | 24 |
| virtue of a nursing home administrator's physical illness, | 25 |
| including but
not limited to deterioration through the aging |
|
|
|
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| 1 |
| process, or
loss of motor skill that results in an inability
to | 2 |
| practice with reasonable judgment, skill, or
safety, the | 3 |
| Department shall only permit this document, and
the record of | 4 |
| the hearing incident thereto, to be observed,
inspected, | 5 |
| viewed, or copied pursuant to court order.
| 6 |
| (Source: P.A. 90-61, eff. 12-30-97.)
| 7 |
| (225 ILCS 70/26) (from Ch. 111, par. 3676)
| 8 |
| (Section scheduled to be repealed on January 1, 2008)
| 9 |
| Sec. 26. An order of revocation, suspension, placing the | 10 |
| license on
probationary status, or other formal
disciplinary | 11 |
| action as the Department may deem proper, or a
certified copy | 12 |
| thereof, over the seal of the Department and
purporting to be | 13 |
| signed by the Secretary
Director , is prima facie proof that:
| 14 |
| (a) Such signature is the genuine signature of the | 15 |
| Secretary
Director ;
| 16 |
| (b) The Secretary
Director is duly appointed and qualified; | 17 |
| and
| 18 |
| (c) The Board and the members thereof are qualified.
| 19 |
| Such proof may be rebutted.
| 20 |
| (Source: P.A. 85-932.)
| 21 |
| (225 ILCS 70/28) (from Ch. 111, par. 3678)
| 22 |
| (Section scheduled to be repealed on January 1, 2008)
| 23 |
| Sec. 28. Rehearing on order of Secretary
Director . Whenever | 24 |
| the Secretary
Director believes
justice has
not been done in |
|
|
|
09500HB0123ham001 |
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LRB095 03941 RAS 35013 a |
|
| 1 |
| the refusal to issue or renew a license or revocation,
| 2 |
| suspension, or discipline of a license, he or she may order a | 3 |
| rehearing.
| 4 |
| (Source: P.A. 90-61, eff. 12-30-97.)
| 5 |
| (225 ILCS 70/27 rep.)
| 6 |
| (225 ILCS 70/30 rep.)
| 7 |
| Section 15. The Nursing Home Administrators Licensing and | 8 |
| Disciplinary Act is amended by repealing Sections 27 and 30.".
|
|