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Sen. Terry Link
Filed: 5/22/2008
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09500HB4249sam002 |
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LRB095 14517 RAS 51022 a |
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| AMENDMENT TO HOUSE BILL 4249
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| AMENDMENT NO. ______. Amend House Bill 4249 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Regulatory Sunset Act is amended by |
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| changing Section 4.18 and by adding Section 4.29 as follows:
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| (5 ILCS 80/4.18)
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| Sec. 4.18. Acts repealed January 1, 2008 and December 31, |
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| 2008.
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| (a) The following Acts
are repealed on January 1, 2008:
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| The Structural Pest Control Act.
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| (b) The following Acts are repealed on December 31, 2008: |
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| The Medical Practice Act of 1987. |
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| The Environmental Health Practitioner Licensing Act.
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| (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; |
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| 94-1085, eff. 1-19-07; 95-187, eff. 8-16-07; 95-235, eff. |
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| 8-17-07; 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-639, |
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LRB095 14517 RAS 51022 a |
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| eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, eff. 10-29-07; |
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| 95-703, eff. 12-31-07; revised 1-7-08.)
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| (5 ILCS 80/4.29 new) |
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| Sec. 4.29. Act repealed on January 1, 2019. The following |
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| Act is repealed on January 1, 2019: |
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| The Environmental Health Practitioner Licensing Act. |
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| Section 10. The Environmental Health Practitioner |
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| Licensing Act is amended by changing Sections 5, 10, 17, 18, |
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| 19, 20, 21, 22, 26, 27, 29, 31, 35, 56, 60, 65, 75, 80, 85, 90, |
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| 95, 100, and 115 as follows:
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| (225 ILCS 37/5)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 5. Legislative intent. In adopting this Act, it is |
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| recognized
that the field of environmental health is a dynamic |
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| field that is
continually evolving into new and complex areas |
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| of concern. It is the
legislative intent of this Act to |
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| recognize the occasional existence of
overlapping functions |
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| with engineers, industrial hygienists, veterinarians,
and |
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| other professions licensed to carry out specific activities |
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| that may touch
on
some aspects of the field of environmental |
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| health. It is not the intent of
this Act to require licensure |
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| registration of these individuals, nor is it the intent
that |
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| the licensure registration of any person under this Act would |
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| allow that person
to perform functions or engage in activities |
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| that would include the practice
of engineering. It is the sole |
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| purpose and intent of this Act to safeguard the
health, safety, |
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| and general welfare of the public from adverse environmental
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| factors and to license those environmental health
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| professionals who have
completed approved environmental health |
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| or science curricula, are qualified to
work in the field of |
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| environmental health, within the scope of practice as
defined |
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| in this Act, and not to restrict nor interfere with interstate
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| commerce.
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| (Source: P.A. 89-61, eff. 6-30-95; 90-44, eff. 7-3-97 .)
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| (225 ILCS 37/10)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 10. Definitions. As used in this Act:
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| "Address of record" means the designated address recorded |
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| by the Department in the applicant's or licensee's application |
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| file or license file maintained by the Department's licensure |
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| maintenance unit. It is the duty of the applicant or licensee |
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| to inform the Department of any change of address and such |
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| changes must be made either through the Department's Internet |
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| website or by contacting the Department's licensure |
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| maintenance unit. |
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| "Board" means the Environmental Health Practitioners Board |
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| as created
in this Act.
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| "Department" means the Department of Financial and |
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| Professional Regulation.
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| "Director" means the Director of Professional Regulation.
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| "Environmental health inspector" means an individual who, |
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| in support
of and under the general supervision of a licensed |
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| environmental health
practitioner or licensed professional |
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| engineer, practices environmental
health and meets the |
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| educational qualifications of an environmental health
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| inspector.
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| "Environmental health practice" is the practice of |
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| environmental
health by licensed environmental health |
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| practitioners within the meaning
of this Act and includes, but |
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| is not limited to, the following areas of
professional |
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| activities: milk and food sanitation; protection and |
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| regulation
of private water supplies; private waste water |
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| management; domestic solid
waste disposal practices; |
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| institutional health and safety; and consultation
and |
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| education in these fields.
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| "Environmental health practitioner in training" means a |
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| person licensed
under this Act who meets the educational |
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| qualifications of a licensed
environmental health practitioner |
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| and practices environmental health in
support of and under the |
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| general supervision of a licensed environmental
health |
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| practitioner or licensed professional engineer, but has not |
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| passed the
licensed environmental health practitioner |
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| examination administered by the
Department.
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| "License" means the authorization issued by the Department |
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| permitting the
person named on the authorization to practice |
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| environmental health as
defined in this Act.
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| "Licensed environmental health practitioner" is a person |
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| who,
by virtue of education and experience in the physical, |
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| chemical,
biological, and environmental health sciences, is |
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| especially trained to
organize, implement, and manage |
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| environmental health programs, trained to
carry out education |
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| and enforcement activities for the promotion and
protection of |
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| the public health and environment, and is licensed as an
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| environmental health practitioner under this Act.
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| "Secretary" means the Secretary of Financial and |
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| Professional Regulation. |
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| (Source: P.A. 92-837, eff. 8-22-02 .)
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| (225 ILCS 37/17)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 17. Powers and duties of the Department of Financial |
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| and Professional Regulation. Subject to the provisions
of this |
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| Act, the Department may shall exercise the following functions, |
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| powers, and
duties:
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| (1) Prescribe rules defining what constitutes an
approved |
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| school, college, or department of a university, except that no |
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| school,
college, or department of a
university that refuses |
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| admittance to applicants solely on
account of race, color, |
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| creed, sex, or national origin shall be approved.
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| (2) Conduct hearings on proceedings to revoke, suspend, or |
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| refuse to issue
licenses.
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| (3) Promulgate rules required for the administration of |
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| this
Act.
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| (Source: P.A. 91-724, eff. 6-2-00 .)
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| (225 ILCS 37/18)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 18. Board of Environmental Health Practitioners. The |
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| Board of
Environmental Health Practitioners is created and |
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| shall exercise its duties as
provided in this Act. The Board |
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| shall consist of 5 members appointed
by the Secretary
Director . |
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| Of the 5 members, 3 shall be actively licensed environmental
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| health practitioners, one
a Public Health Administrator who |
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| meets the minimum qualifications for public
health personnel |
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| employed by full time local health departments as prescribed
by |
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| the Illinois Department of Public Health and is actively |
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| engaged in the
administration of a local health department |
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| within this State, and one
member
of the general public. In |
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| making the appointments to the Board, the Secretary may |
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| Director
shall consider the recommendations of related |
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| professional and trade
associations including the Illinois |
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| Environmental Health Association and the
Illinois Public |
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| Health Association and of the Director of Public
Health. Each |
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| of the environmental health practitioners shall have at least 5
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| years of full time employment in the field of environmental |
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| health practice
before the date of appointment. Each appointee |
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| filling the seat of an
environmental health practitioner |
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| appointed to the Board must be licensed under
this Act.
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| The membership of the Board shall reasonably reflect |
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| representation from the
various geographic areas of the State.
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| A majority of the Board members currently appointed shall |
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| constitute a quorum. A vacancy in the membership of the Board |
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| shall not impair the right of a
quorum to exercise all the |
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| rights and perform all the duties of the Board.
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| The members of the Board are entitled to receive as |
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| compensation a reasonable
sum
as determined by the Secretary |
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| Director for each day actually engaged in the duties of
the |
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| office and all legitimate and necessary expenses incurred in |
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| attending the
meetings of the Board.
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| Members of the Board shall be immune from suit in any |
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| action based upon any
disciplinary proceedings or other |
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| activities performed in good faith as members
of the Board.
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| The Secretary Director may remove any member of the Board |
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| for any cause that, in the
opinion of the Secretary Director , |
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| reasonably justifies termination. |
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| Members shall serve for a term of 3 years and until their |
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| successors are appointed and qualified. No Board member, after |
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| the effective date of this amendatory Act of the 95th General |
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| Assembly, shall be appointed to more than 2 full consecutive |
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| terms. The initial terms created by this amendatory Act shall |
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| count as full terms for the purposes of reappointment to the |
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| Board. Appointments to fill vacancies for an unexpired portion |
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| of a vacated term shall be made in the same manner as original |
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| appointments and shall constitute a full term. |
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| The appointments of those Board members currently |
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| appointed and serving on the Board shall end upon the effective |
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| date of this amendatory Act of the 95th General Assembly. Board |
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| members currently serving on the Board on the effective date of |
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| this Amendatory Act, shall continue to serve until the initial |
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| appointees are appointed and qualified.
The initial Board |
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| members appointed after the effective date of this amendatory |
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| Act of the 95th General Assembly, shall be appointed to the |
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| following terms by and in the discretion of the Secretary:
(i) |
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| one member shall be appointed for one year;
(ii) 2 members |
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| shall be appointed to serve 2 years;
and (iii) 2 members shall |
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| be appointed to serve 3 years. The Board members appointed to |
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| initial terms by this amendatory Act of the 95th General |
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| Assembly shall be appointed as soon as possible after the |
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| effective date of this amendatory Act. Board members serving at |
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| the effective date of this Act are eligible to be reappointed |
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| to initial terms as described above, but nothing in this Act |
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| requires such members to be appointed.
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| (Source: P.A. 91-724, eff. 6-2-00; 91-798, eff. 7-9-00; 92-837, |
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| eff. 8-22-02 .)
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| (225 ILCS 37/19)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 19. Requirements of approval by Board of Environmental |
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| Health
Practitioners. The Secretary Director may consider the |
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| recommendations of the Board in
establishing guidelines for |
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| professional conduct, for the conduct of formal
disciplinary |
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| proceedings brought under this Act, and for establishing
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| guidelines for qualifications and examinations of applicants. |
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| Notice of
proposed rulemaking shall be transmitted to the |
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| Board. The Department shall
review the response of the Board |
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| and its recommendations. The Department, at
any time, may seek |
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| the expert advice and knowledge of the Board on any matter
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| relating to the administration or enforcement of this Act.
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| (Source: P.A. 89-61, eff. 6-30-95 .)
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| (225 ILCS 37/20)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 20. Qualifications for licensure registration as an |
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| environmental health
practitioner.
A person is qualified to be |
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| licensed as an environmental
health practitioner if that |
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| person:
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| (1) Has applied in writing on the prescribed forms, has |
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| paid the
required fee, and holds one of the following:
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| (A) A Bachelor's Degree in environmental health |
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| science from
a college or university approved by the |
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| National Environmental Health
Association |
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| Accreditation Council for environmental health |
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| curricula or its
equivalent as approved by the |
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| Department.
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| (B) A Bachelor's Degree from an accredited college |
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| or university
which included a minimum of 30 semester |
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| hours or equivalent of
basic sciences acceptable to the |
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| Department and 12 months of full time
experience.
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| (C) A Master's Degree in public health or |
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| environmental health
science from an accredited |
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| college or university if the applicant has completed
a |
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| minimum of 30 semester or equivalent hours of basic |
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| science acceptable to the
Department.
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| (2) Passes an examination authorized by the |
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| Department. The examination
shall be of a character to give |
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| a fair test of the qualifications of the
applicant to |
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| practice as an environmental health practitioner.
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| (Source: P.A. 89-61, eff. 6-30-95; 89-706, eff. 1-31-97 .)
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| (225 ILCS 37/21)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 21. Grandfather provision. A person who, on the |
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| effective date of this
amendatory Act of the 92nd General |
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| Assembly, was certified by his
or her employer as serving as a |
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| sanitarian or environmental health practitioner
in |
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| environmental health practice in this State may be issued a |
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| license as an
environmental health practitioner in training |
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| upon
filing an application by July 1, 2003 and paying the |
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| required fees. |
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| An environmental health practitioner in training license |
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| issued under this Section and in an active status on the |
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| effective date of this amendatory Act of the 95th General |
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| Assembly may be renewed, so long as the licensee continues to |
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| practice environmental health and does not allow his or her |
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| license to lapse or expire.
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| (Source: P.A. 92-837, eff. 8-22-02 .)
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| (225 ILCS 37/22)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 22. Environmental health practitioner in training.
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| (a) Any person who meets the educational qualifications |
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| specified in
Section 20, but does not meet the experience |
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| requirement specified in that Section, may
make application to |
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| the
Department on a form prescribed by the Department for |
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| licensure as an
environmental health
practitioner in training. |
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| The Department shall license that person as an
environmental |
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| health
practitioner in training upon payment of the fee |
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| required by this Act.
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| (b) An environmental health practitioner in training |
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| licensed under this Section shall apply for
licensure as an
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| environmental health practitioner within 3 years of his or her |
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| licensure as an
environmental
health practitioner in training.
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| The license may be renewed or extended as defined by rule of |
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| the Department.
The Board may recommend to extend the licensure |
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| of any
environmental health
practitioner in training licensed |
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| under this Section who furnishes, in writing, sufficient cause |
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| for not
applying for
examination as an environmental health |
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| practitioner within the 3-year period.
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| (c) An environmental health practitioner in training |
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| licensed under this Section may engage in the
practice of
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| environmental health for a period not to exceed 6 years |
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| provided that he or she
is supervised by a licensed |
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| professional engineer or a
licensed environmental health |
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| practitioner as prescribed in this Act. |
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| (d) This Section does not apply to environmental health |
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| practitioners in training licensed under Section 21 of this |
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| Act.
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| (Source: P.A. 92-837, eff. 8-22-02; revised 1-16-07.)
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| (225 ILCS 37/26)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 26. Examination for licensure registration as an |
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| environmental health
practitioner.
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| (a) Beginning on the effective date of this amendatory Act |
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| of the 92nd
General Assembly, only
persons who meet the |
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| educational and experience requirements of Section
20 and who |
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| pass the examination authorized by the Department
shall be |
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| licensed as environmental health practitioners.
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| (b) Applicants for examination as environmental health |
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| practitioners
shall be required to pay, either to the |
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| Department or the designated testing
service, a fee covering |
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| the cost of providing the examination.
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| (Source: P.A. 92-837, eff. 8-22-02 .)
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| (225 ILCS 37/27)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 27. Renewals; restoration.
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| (a) The expiration date and renewal period for each license |
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| issued under
this Act shall be set by rule. As a condition for |
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| renewal of a license, the
licensee shall be required to |
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| complete continuing education requirements as
set forth in |
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| rules by the Department. Licensees who are 70 years of age
or |
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| older and have been licensed under this Act for at least 4 |
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| years shall be
exempt from the continuing education |
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| requirements.
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| (b) A person who has permitted a license to expire may have |
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| the license
restored by making application to the Department |
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| and filing proof, acceptable
to the Department, of fitness to |
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| have the license restored. Proof may include
(i) sworn evidence |
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| certifying to active practice in another jurisdiction that
is |
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| satisfactory to the Department, (ii) complying with any |
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| continuing education
requirements, and (iii) paying the |
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| required restoration fee.
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| (c) If the person has not maintained an active practice in |
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| another
jurisdiction satisfactory to the Department, the Board |
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| shall determine, by an
evaluation program, established by rule, |
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| the person's fitness to resume active
status. The Board may |
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| require the person to complete a period of evaluated
clinical |
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| experience and successful completion of a practical |
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| examination.
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| However, a person whose license expired while (i) in |
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| federal service on
active duty with the Armed Forces of the |
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| United States or called into service
or training with the State |
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| Militia or (ii) in training or education under the
supervision |
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| of the United States, preliminary to induction into the |
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| military
service may have his or her license renewed or |
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| restored without paying any
lapsed renewal fees if, within 2 |
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| years after honorable termination of the
service, training, or |
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| education, except under conditions other than honorable,
he or |
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| she furnishes the Department with satisfactory evidence to the |
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| effect
that he or she has been so engaged and that the service, |
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| training, or education
has been terminated.
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| (d) A person who notifies the Department, in writing on |
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| forms prescribed
by the Department, may place his or her |
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| license on inactive status and shall be
excused from the |
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| payment of renewal fees until the person notifies the
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| Department, in writing, of the intention to resume active |
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| practice.
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| (e) A person requesting his or her license be changed from |
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| inactive to
active status shall be required to pay the current |
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| renewal fee and shall also
demonstrate compliance with the |
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| continuing education requirements.
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| (f) An environmental health practitioner whose license is |
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| not renewed
or whose license is on
inactive status shall not |
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| engage in the practice of environmental health in the
State of |
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| Illinois or use the title or advertise that he or she performs |
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| the
services of a "licensed environmental health |
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| practitioner".
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| (g) A person violating subsection (f) of this Section shall |
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| be considered
to be practicing without a license and shall be |
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| subject to the disciplinary
provisions of this Act.
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| (h) A license to practice shall not be denied any applicant |
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| because of the
applicant's race, religion, creed, national |
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| origin, political beliefs or
activities, age, sex, sexual |
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| orientation, or physical impairment that does not affect a |
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| person's ability to practice with reasonable judgement, skill, |
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| or safety impairment .
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| (Source: P.A. 91-724, eff. 6-2-00 .)
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| (225 ILCS 37/29)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 29. Deposit of fees and fines; appropriations. All |
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| fees and
fines collected under this Act shall be deposited into |
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| the General Professions
Dedicated Fund. All moneys in the Fund |
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| shall be used by the Department of
Financial and Professional |
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| Regulation, as appropriated, for the ordinary and contingent
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| expenses of the Department.
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| (Source: P.A. 89-61, eff. 6-30-95 .)
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| (225 ILCS 37/31)
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| (Section scheduled to be repealed on December 31, 2008)
|
2 |
| Sec. 31. Checks or orders dishonored. A person who issues |
3 |
| or delivers a
check or other order to the Department that is |
4 |
| returned to the Department
unpaid by the financial institution |
5 |
| upon which it is drawn shall pay to the
Department, in addition |
6 |
| to the amount already owed to the Department, a fine of
$50. |
7 |
| The fines
imposed by this Section are in addition to any other |
8 |
| discipline provided under
this Act prohibiting unlicensed |
9 |
| practice or practice on a nonrenewed license.
The Department |
10 |
| shall notify the person that payment of fees and fines shall be
|
11 |
| paid to the Department by certified check or money order within |
12 |
| 30 calendar
days after notification. If, after the expiration |
13 |
| of 30 days from the date of
the notification, the person fails |
14 |
| to submit the necessary remittance,
the Department shall |
15 |
| automatically terminate the license or certification or
deny |
16 |
| the application, without hearing. If, after termination or |
17 |
| denial, the
person seeks a license or certificate, he or she |
18 |
| shall apply to the Department
for restoration or issuance of a |
19 |
| license or certificate and pay all fees and
fines due to the |
20 |
| Department. The Department may establish a fee for the
|
21 |
| processing of an application for restoration of a license to |
22 |
| pay all costs and
expenses of processing of this application. |
23 |
| The Secretary Director may waive the fines
due under this |
24 |
| Section in individual cases where the Secretary Director finds |
25 |
| that the
fines would be unnecessarily burdensome.
|
26 |
| (Source: P.A. 92-146, eff. 1-1-02 .)
|
|
|
|
09500HB4249sam002 |
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LRB095 14517 RAS 51022 a |
|
|
1 |
| (225 ILCS 37/35)
|
2 |
| (Section scheduled to be repealed on December 31, 2008)
|
3 |
| Sec. 35. Grounds for discipline.
|
4 |
| (a) The Department may refuse to issue or renew, or may |
5 |
| revoke, suspend,
place on probation, reprimand, or take other |
6 |
| disciplinary or non-disciplinary action with regard to
any |
7 |
| license issued under this Act as the Department may consider |
8 |
| proper,
including the imposition of fines not to exceed $5,000 |
9 |
| for each violation, for
any one or combination of the following |
10 |
| causes:
|
11 |
| (1) Material misstatement in furnishing information to |
12 |
| the Department.
|
13 |
| (2) Violations of this Act or its rules.
|
14 |
| (3) Conviction of or entry of a plea of guilty or nolo |
15 |
| contendere to any crime that is a any felony under the laws |
16 |
| of the United States or any state or territory thereof, |
17 |
| whether related to the practice of the profession or not, |
18 |
| or conviction or entry of a plea of guilty or nolo |
19 |
| contendere to any crime, any U.S. jurisdiction, any
|
20 |
| misdemeanor an essential element of which is dishonesty, |
21 |
| wanton disregard for the rights of others, or any crime |
22 |
| that is
directly related to the practice of the profession.
|
23 |
| (4) Making any misrepresentation for the purpose of |
24 |
| obtaining licensure a
certificate of registration .
|
25 |
| (5) Professional incompetence.
|
|
|
|
09500HB4249sam002 |
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LRB095 14517 RAS 51022 a |
|
|
1 |
| (6) Aiding or assisting another person in violating any |
2 |
| provision of this
Act or its rules.
|
3 |
| (7) Failing to provide information within 30 60 days in |
4 |
| response to a written
request made by the Department.
|
5 |
| (8) Engaging in dishonorable, unethical, or |
6 |
| unprofessional conduct of a
character likely to deceive, |
7 |
| defraud, or harm the public as defined by rules of
the |
8 |
| Department.
|
9 |
| (9) Habitual or excessive use or addiction to alcohol, |
10 |
| narcotics,
stimulants, or any other chemical agent or drug |
11 |
| that results in an
environmental health practitioner's |
12 |
| inability to practice with reasonable
judgment, skill, or |
13 |
| safety.
|
14 |
| (10) Discipline by another U.S. jurisdiction or |
15 |
| foreign nation, if at
least one of the grounds for a |
16 |
| discipline is the same or substantially
equivalent to those |
17 |
| set forth in this Act.
|
18 |
| (11) A finding by the Department that the licensee |
19 |
| registrant , after having his or
her license placed on |
20 |
| probationary status, has violated the terms of
probation.
|
21 |
| (12) Willfully making or filing false records or |
22 |
| reports in his or her
practice, including, but not limited |
23 |
| to, false records filed with State
agencies or departments.
|
24 |
| (13) Physical illness or mental illness or impairment , |
25 |
| including, but not limited to, deterioration
through the |
26 |
| aging process or loss of motor skills that result in the |
|
|
|
09500HB4249sam002 |
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LRB095 14517 RAS 51022 a |
|
|
1 |
| inability
to practice the profession with reasonable |
2 |
| judgment, skill, or safety.
|
3 |
| (14) Failure to comply with rules promulgated by the
|
4 |
| Illinois Department of Public Health or other State |
5 |
| agencies related to the
practice of environmental health.
|
6 |
| (15) Gross negligence The Department shall deny any |
7 |
| application for a license or renewal of
a license under |
8 |
| this Act, without hearing, to a person who has defaulted on |
9 |
| an
educational loan guaranteed by the Illinois Student |
10 |
| Assistance Commission;
however, the Department may issue a |
11 |
| license or renewal of a license if the
person in default |
12 |
| has established a satisfactory repayment record as |
13 |
| determined
by the Illinois Student Assistance
Commission .
|
14 |
| (16) Solicitation of professional services by using |
15 |
| false or misleading
advertising.
|
16 |
| (17) A finding that the license has been applied for or |
17 |
| obtained by
fraudulent means.
|
18 |
| (18) Practicing or attempting to practice under a name |
19 |
| other than the full
name as shown on the license or any |
20 |
| other legally authorized name.
|
21 |
| (19) Gross overcharging for professional services |
22 |
| including filing
statements for collection of fees or |
23 |
| moneys for which services are not
rendered.
|
24 |
| (b) The Department may refuse to issue or may suspend the |
25 |
| license of any
person who fails to (i) file a return, (ii) pay |
26 |
| the tax, penalty, or interest
shown in a filed return; or (iii) |
|
|
|
09500HB4249sam002 |
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LRB095 14517 RAS 51022 a |
|
|
1 |
| pay any final assessment of the tax, penalty,
or interest as |
2 |
| required by any tax Act administered by the Illinois Department
|
3 |
| of Revenue until the requirements of the tax Act are satisfied.
|
4 |
| (b-5) The Department shall deny any application for a |
5 |
| license or renewal of a license under this Act, without |
6 |
| hearing, to a person who has defaulted on an educational loan |
7 |
| guaranteed by the Illinois Student Assistance Commission; |
8 |
| however, the Department may issue a license or renew a license |
9 |
| if the person in default has established a satisfactory |
10 |
| repayment record, as determined by the Illinois Student |
11 |
| Assistance Commission. |
12 |
| (c) The determination by a circuit court that a licensee is |
13 |
| subject
to involuntary admission or judicial admission to a |
14 |
| mental health facility as
provided in the Mental Health and |
15 |
| Developmental Disabilities Code operates as
an automatic |
16 |
| suspension. The suspension may end only upon a finding by a |
17 |
| court
that the licensee is no longer subject to involuntary |
18 |
| admission or judicial
admission, the issuance of an order so |
19 |
| finding and discharging the patient, and
the recommendation of |
20 |
| the Board to the Secretary Director that the licensee be |
21 |
| allowed to
resume practice.
|
22 |
| (d) In enforcing this Section, the Department, upon a |
23 |
| showing of a
possible
violation, may compel any person licensed |
24 |
| to practice under this Act or who has
applied
for licensure or |
25 |
| certification pursuant to this Act to submit to a mental or
|
26 |
| physical
examination, or both, as required by and at the |
|
|
|
09500HB4249sam002 |
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LRB095 14517 RAS 51022 a |
|
|
1 |
| expense of the Department. The
examining physicians shall be |
2 |
| those specifically
designated by
the Department. The |
3 |
| Department may order the examining physician
to present |
4 |
| testimony concerning this mental or
physical
examination of the
|
5 |
| licensee or applicant. No information shall be excluded by |
6 |
| reason of any
common law or
statutory privilege relating to |
7 |
| communications between the licensee or
applicant and the
|
8 |
| examining physician. The person to be examined may
have, at his
|
9 |
| or her own expense, another physician of his or her
choice
|
10 |
| present during all aspects of the examination. Failure of any |
11 |
| person to submit
to a mental
or physical examination, when |
12 |
| directed, shall be grounds for suspension of a
license until
|
13 |
| the person submits to the examination if the Department finds, |
14 |
| after notice and
hearing,
that the refusal to submit to the |
15 |
| examination was without reasonable cause.
|
16 |
| If the Department finds an individual unable to practice |
17 |
| because of the
reasons set
forth in this Section, the |
18 |
| Department may require that individual to submit to
care,
|
19 |
| counseling, or treatment by physicians approved or designated |
20 |
| by the
Department, as a
condition, term, or restriction for |
21 |
| continued, reinstated, or renewed licensure
to practice
or, in |
22 |
| lieu of care, counseling, or treatment, the Department may file |
23 |
| a
complaint to
immediately suspend, revoke, or otherwise |
24 |
| discipline the license of the
individual.
|
25 |
| Any person whose license was granted, continued, |
26 |
| reinstated, renewed,
disciplined, or supervised subject to |
|
|
|
09500HB4249sam002 |
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LRB095 14517 RAS 51022 a |
|
|
1 |
| such terms, conditions, or restrictions
and
who fails to comply |
2 |
| with such terms, conditions, or restrictions shall be
referred |
3 |
| to
the Secretary Director for a determination as to whether the |
4 |
| person shall have his or her
license suspended immediately, |
5 |
| pending a hearing by the Department.
|
6 |
| In instances in which the Secretary Director immediately |
7 |
| suspends a person's license
under this Section, a hearing on |
8 |
| that person's license must be convened by the
Department within |
9 |
| 15 days after the suspension and completed without
appreciable |
10 |
| delay. The Department shall have the authority to review the
|
11 |
| subject
person's record of treatment and counseling regarding |
12 |
| the impairment, to the
extent permitted by applicable federal |
13 |
| statutes and regulations safeguarding
the
confidentiality of |
14 |
| medical records.
|
15 |
| A person licensed under this Act and affected under this |
16 |
| Section shall be
afforded an opportunity to demonstrate to the |
17 |
| Department that he or she can
resume practice in compliance |
18 |
| with acceptable and prevailing standards under
the
provisions |
19 |
| of his or her license.
|
20 |
| (Source: P.A. 92-837, eff. 8-22-02 .)
|
21 |
| (225 ILCS 37/56)
|
22 |
| (Section scheduled to be repealed on December 31, 2008)
|
23 |
| Sec. 56. Unlicensed practice; violation; civil penalty.
|
24 |
| (a) Any person who practices, offers to practice, attempts |
25 |
| to practice, or
holds himself or herself out to practice |
|
|
|
09500HB4249sam002 |
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LRB095 14517 RAS 51022 a |
|
|
1 |
| environmental health without being
licensed under this Act |
2 |
| shall, in addition to any other penalty provided by
law, pay a |
3 |
| civil penalty to the Department in an amount not to exceed |
4 |
| $10,000 $5,000
for each offense as determined by the |
5 |
| Department. The civil penalty shall be
assessed by the |
6 |
| Department after a hearing is held in accordance with the
|
7 |
| provisions set forth in this Act regarding the provision of a |
8 |
| hearing for the
discipline of a licensee.
|
9 |
| (b) The Department has the authority and power to |
10 |
| investigate any and all
unlicensed activity.
|
11 |
| (c) The civil penalty shall be paid within 60 days after |
12 |
| the effective date
of the order imposing the civil penalty. The |
13 |
| order shall constitute a judgment
and may be filed and |
14 |
| execution had thereon in the same manner as any judgment
from |
15 |
| any court of record.
|
16 |
| (Source: P.A. 92-837, eff. 8-22-02 .)
|
17 |
| (225 ILCS 37/60)
|
18 |
| (Section scheduled to be repealed on December 31, 2008)
|
19 |
| Sec. 60. Violations; injunctions; cease and desist order.
|
20 |
| (a) If a person violates a provision of this Act, the |
21 |
| Secretary Director may, in
the name of the People of the State |
22 |
| of Illinois, through the Attorney General
of the State of |
23 |
| Illinois, petition for an order enjoining the violation or for
|
24 |
| any order enforcing compliance with this Act. Upon the filing |
25 |
| of a verified
petition in court, the court may issue a |
|
|
|
09500HB4249sam002 |
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LRB095 14517 RAS 51022 a |
|
|
1 |
| temporary restraining order, without
notice or bond, and may |
2 |
| preliminarily and permanently enjoin the violation.
If it is |
3 |
| established that the person has violated or is violating the
|
4 |
| injunction,
the Court may punish the offender for contempt of |
5 |
| court. Proceedings under this
Section are in addition to, and |
6 |
| not in lieu of, all other remedies and
penalties provided by |
7 |
| this Act.
|
8 |
| (b) If a person practices as an environmental health |
9 |
| practitioner or
holds himself or herself out as such without |
10 |
| having a valid license under this
Act, then a licensee, an |
11 |
| interested party, or a person injured thereby may,
in addition |
12 |
| to the Secretary Director , petition for relief as provided in |
13 |
| subsection (a)
of this Section.
|
14 |
| (c) Whenever in the opinion of the Department a person |
15 |
| violates a
provision of this Act, the Department may issue a |
16 |
| rule to show cause why an
order to cease and desist should not |
17 |
| be entered against him or her. The rule
shall clearly set forth |
18 |
| the grounds relied upon by the Department and shall
provide a |
19 |
| period of 7 days from the date of the rule to file an answer to |
20 |
| the
satisfaction of the Department. Failure to answer to the |
21 |
| satisfaction of the
Department shall cause an order to cease |
22 |
| and desist to be issued immediately.
|
23 |
| (Source: P.A. 89-61, eff. 6-30-95 .)
|
24 |
| (225 ILCS 37/65)
|
25 |
| (Section scheduled to be repealed on December 31, 2008)
|
|
|
|
09500HB4249sam002 |
- 25 - |
LRB095 14517 RAS 51022 a |
|
|
1 |
| Sec. 65. Investigation; notice; hearing. The Department |
2 |
| may investigate
the actions of an applicant or a person or |
3 |
| persons holding or claiming to
hold a license. Before refusing |
4 |
| to issue, refusing to renew, or taking any
disciplinary action |
5 |
| regarding a license, the Department shall, at least 30 days
|
6 |
| before the date set for the hearing, notify in writing the |
7 |
| applicant for, or
holder of, a license of the nature of any |
8 |
| charges and that a hearing will be
held on a date designated. |
9 |
| The Department shall direct the applicant or
licensee to file a |
10 |
| written answer with the Board under oath within 20 days
after |
11 |
| the service of the notice and inform the applicant or licensee |
12 |
| that
failure to file an answer shall result in default being |
13 |
| taken against the
applicant or licensee and that the license |
14 |
| may be suspended, revoked, or placed
on probationary status, or |
15 |
| that other disciplinary action may be taken,
including limiting |
16 |
| the scope, nature, or extent of practice, as the Secretary |
17 |
| Director
may
consider proper. Written notice may be served by |
18 |
| personal delivery or
certified or
registered mail to the |
19 |
| respondent at the last address of record with his or her last
|
20 |
| notification to the Department. If the person fails to file an |
21 |
| answer after
receiving notice, his or her license or |
22 |
| certificate may, in the discretion of
the Department, be |
23 |
| suspended, revoked, or placed on probationary
status or the |
24 |
| Department may take any disciplinary action considered proper,
|
25 |
| including
limiting the scope, nature, or extent of the person's |
26 |
| practice or the
imposition of a fine, without a hearing, if the |
|
|
|
09500HB4249sam002 |
- 26 - |
LRB095 14517 RAS 51022 a |
|
|
1 |
| act or acts charged constitute
sufficient grounds for such |
2 |
| action under this Act. At the time and place fixed
in the |
3 |
| notice, the Board shall proceed to hear the charges and the |
4 |
| parties or
their counsel shall be accorded ample opportunity to |
5 |
| present statements,
testimony, evidence, and arguments as may |
6 |
| be pertinent to the charges or to
their
defense. The Board may |
7 |
| continue a hearing from time to time.
|
8 |
| (Source: P.A. 89-61, eff. 6-30-95 .)
|
9 |
| (225 ILCS 37/75)
|
10 |
| (Section scheduled to be repealed on December 31, 2008)
|
11 |
| Sec. 75. Subpoenas; oaths; attendance of witnesses. The |
12 |
| Department has the
power to subpoena and to bring before it any |
13 |
| person and to take testimony
either orally or by deposition, or |
14 |
| both, with the same fees and mileage and in
the same manner as |
15 |
| prescribed in civil cases in the courts of this State.
|
16 |
| The Secretary Director , the designated hearing officer, |
17 |
| and every member of the Board
has the power to administer oaths |
18 |
| to witnesses at any hearing that the
Department is authorized |
19 |
| to conduct and any other oaths authorized in any Act
|
20 |
| administered by the Department.
|
21 |
| (Source: P.A. 89-61, eff. 6-30-95 .)
|
22 |
| (225 ILCS 37/80)
|
23 |
| (Section scheduled to be repealed on December 31, 2008)
|
24 |
| Sec. 80. Recommendations for disciplinary action. At the |
|
|
|
09500HB4249sam002 |
- 27 - |
LRB095 14517 RAS 51022 a |
|
|
1 |
| conclusion of
the hearing, the Board shall present to the |
2 |
| Secretary Director a written report of its
findings and |
3 |
| recommendations. The report shall contain a finding whether or
|
4 |
| not the licensee violated this Act or failed to comply with the |
5 |
| conditions
required in this Act. The Board shall specify the |
6 |
| nature of the violation or
failure to comply and shall make its |
7 |
| recommendations to the Secretary Director .
|
8 |
| The report of findings, conclusions of law, and |
9 |
| recommendations of the Board
shall be the basis for the |
10 |
| Department's order for refusal to issue or for the
granting of |
11 |
| a license or for any disciplinary action. If the Secretary |
12 |
| Director
disagrees with the recommendation of the Board, the |
13 |
| Secretary Director may issue an
order in contravention of the |
14 |
| Board's report. The finding is not admissible
in evidence |
15 |
| against the person in a criminal prosecution brought for
|
16 |
| violation of this Act, but the hearing and findings are not a |
17 |
| bar to criminal
prosecution brought for violation of this Act.
|
18 |
| (Source: P.A. 89-61, eff. 6-30-95 .)
|
19 |
| (225 ILCS 37/85)
|
20 |
| (Section scheduled to be repealed on December 31, 2008)
|
21 |
| Sec. 85. Rehearing. In any hearing involving disciplinary |
22 |
| action against
an applicant or licensee, a copy of the Board's |
23 |
| report shall be served upon the
applicant or licensee by the |
24 |
| Department, either personally or as provided in
this Act for |
25 |
| the service of the notice of hearing. Within 20 calendar days
|
|
|
|
09500HB4249sam002 |
- 28 - |
LRB095 14517 RAS 51022 a |
|
|
1 |
| after service, the applicant or licensee may present to the |
2 |
| Department a motion
in writing for a rehearing that shall |
3 |
| specify the particular grounds for
rehearing. If no motion for |
4 |
| rehearing is filed, then upon the expiration of
the time |
5 |
| specified for filing a motion, or if a motion for rehearing is |
6 |
| denied,
then upon denial, the Secretary Director may enter an |
7 |
| order in accordance with
recommendations of the Board, except |
8 |
| as provided in this Act. If the applicant
or licensee orders |
9 |
| from the reporting service, and pays for a transcript of the
|
10 |
| record within the time for filing a motion for rehearing, the |
11 |
| 20 calendar
day period within which a motion may be filed shall |
12 |
| commence upon the delivery
of the transcript to the respondent.
|
13 |
| (Source: P.A. 88-670, eff. 12-2-94; 89-61, eff. 6-30-95 .)
|
14 |
| (225 ILCS 37/90)
|
15 |
| (Section scheduled to be repealed on December 31, 2008)
|
16 |
| Sec. 90. Hearing by other hearing officer examiner . |
17 |
| Whenever the Secretary Director is not
satisfied that |
18 |
| substantial justice has been done in the revocation, |
19 |
| suspension,
or refusal to issue or renew a license, the |
20 |
| Secretary Director may order a rehearing by
the same or other |
21 |
| hearing officers examiners .
|
22 |
| (Source: P.A. 88-683, eff. 1-24-95; 89-61, eff. 6-30-95; |
23 |
| 89-626, eff.
8-9-96 .)
|
24 |
| (225 ILCS 37/95)
|
|
|
|
09500HB4249sam002 |
- 29 - |
LRB095 14517 RAS 51022 a |
|
|
1 |
| (Section scheduled to be repealed on December 31, 2008)
|
2 |
| Sec. 95. Appointment of hearing officer. The Secretary |
3 |
| Director has the authority
to appoint any attorney duly |
4 |
| licensed to practice law in the State of Illinois
to serve as |
5 |
| the hearing officer in any action for Departmental refusal to |
6 |
| issue
a license, renew a license, or to discipline a licensee. |
7 |
| The hearing officer
has full authority to conduct the hearing. |
8 |
| At least one member of the Board
shall attend each hearing. The |
9 |
| hearing officer shall report the findings of
fact,
conclusions |
10 |
| of law, and recommendations to the Board and the Secretary |
11 |
| Director . The
Board has 60 calendar days from receipt of the |
12 |
| report to review the report of
the hearing officer and present |
13 |
| its findings of fact, conclusions of law, and
recommendations |
14 |
| to the Secretary Director . If the Board fails to present its |
15 |
| report
within the 60 calendar day period, the Secretary |
16 |
| Director may issue an order based on the
report of
the hearing |
17 |
| officer. If the Secretary Director disagrees with the |
18 |
| recommendation of the
Board or the hearing officer, the |
19 |
| Secretary Director may issue an order in contravention
of the |
20 |
| recommendation.
|
21 |
| (Source: P.A. 89-61, eff. 6-30-95 .)
|
22 |
| (225 ILCS 37/100)
|
23 |
| (Section scheduled to be repealed on December 31, 2008)
|
24 |
| Sec. 100. Order or certified copy. An order or a certified |
25 |
| copy thereof,
over the seal of the Department and purporting to |
|
|
|
09500HB4249sam002 |
- 30 - |
LRB095 14517 RAS 51022 a |
|
|
1 |
| be signed by the Secretary Director ,
shall be prima facie proof |
2 |
| that:
|
3 |
| (1) the signature is the genuine signature of the Secretary |
4 |
| Director ;
|
5 |
| (2) the Secretary Director is duly appointed and qualified; |
6 |
| and
|
7 |
| (3) the Board and its members are qualified to act.
|
8 |
| (Source: P.A. 89-61, eff. 6-30-95 .)
|
9 |
| (225 ILCS 37/115)
|
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| (Section scheduled to be repealed on December 31, 2008)
|
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| Sec. 115. Temporary suspension. The Secretary Director may |
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| summarily suspend the
license of an environmental health |
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| practitioner without a hearing,
simultaneously with the |
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| initiation of proceedings for a hearing provided for in
this |
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| Act, if the Secretary Director finds that evidence in his or |
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| her possession
indicates that an environmental health |
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| practitioner's continuation in practice
would constitute an |
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| imminent danger to the public. In the event that the Secretary
|
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| Director summarily suspends the license of an environmental |
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| health practitioner
without a hearing, a hearing by the Board |
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| must be held within 30 calendar days
after the suspension has |
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| occurred.
|
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| (Source: P.A. 89-61, eff. 6-30-95 .)
|
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| Section 99. Effective date. This Act takes effect upon |