Full Text of HB4777 95th General Assembly
HB4777ham001 95TH GENERAL ASSEMBLY
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Health Care Availability and Access Committee
Filed: 3/4/2008
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09500HB4777ham001 |
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LRB095 15666 RAS 46950 a |
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| AMENDMENT TO HOUSE BILL 4777
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| AMENDMENT NO. ______. Amend House Bill 4777 by replacing | 3 |
| everything after the enacting clause with the following: | 4 |
| "Section 5. The Perfusionist Practice Act is amended by | 5 |
| changing Sections 45 and 70 and by adding Section 75 as | 6 |
| follows:
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| (225 ILCS 125/45)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 45. Application of Act. This Act shall not be | 10 |
| construed to
prohibit the following:
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| (1) a person licensed in this State under any other Act | 12 |
| from engaging in
the
practice for which he or
she is licensed;
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| (2) a student enrolled in an accredited perfusion education | 14 |
| program from
performing perfusion services if
perfusion | 15 |
| services performed by
the student:
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| (A) are an integral part of the student's course of |
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| study; and
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| (B) are performed under the direct supervision of a | 3 |
| licensed
perfusionist who is assigned to
supervise the | 4 |
| student and who is on duty and immediately available in the
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| assigned patient care
area;
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| (3) a new graduate
from performing perfusion services,
if | 7 |
| perfusion services performed by the new graduate
perfusionist :
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| (A) are necessary to fulfill the eligibility requirements for | 9 |
| the ABCP
certification examination required under subsection | 10 |
| (3) of Section 30; and
(B) are performed under the direct | 11 |
| supervision and responsibility of a
licensed perfusionist who | 12 |
| is assigned to supervise the graduate perfusionist or a | 13 |
| physician licensed to practice medicine in all of its branches
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| and
who is on duty and immediately available in the assigned | 15 |
| patient care area;
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| (4) any legally qualified perfusionist employed by the | 17 |
| United States
government from engaging in the practice of | 18 |
| perfusion while in the discharge of
his or her official duties; | 19 |
| or
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| (5) one or more licensed perfusionists from forming a | 21 |
| professional service
corporation in accordance with the | 22 |
| Professional Service Corporation Act.
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| (Source: P.A. 91-580, eff. 1-1-00.)
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| (225 ILCS 125/70)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 70. Renewal, reinstatement or restoration of license; | 2 |
| continuing
education; military service. The expiration date | 3 |
| and
renewal period for each license issued under this Act shall | 4 |
| be set by the
Department by rule. The renewal period for | 5 |
| licenses issued under this Act shall be every 2 years. A | 6 |
| licensee may renew his or her license during the month | 7 |
| preceding the expiration date of the license by paying the | 8 |
| required fee. It is the responsibility of the licensee to | 9 |
| notify the Department in writing of a change of address. As a | 10 |
| condition of renewal, a licensee must show proof of continued | 11 |
| and current national certification. Renewal shall be | 12 |
| conditioned on paying the required fee
and meeting other | 13 |
| requirements as may be established by rule.
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| A licensee who has permitted his or her
license to expire | 15 |
| or
who has had his or her license on inactive status may have | 16 |
| the license
restored by making application to the Department, | 17 |
| by filing proof
acceptable to
the Department of his or her | 18 |
| fitness to have the license restored, and
by
paying the | 19 |
| required fees. Proof of fitness may include sworn evidence
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| certifying to active lawful practice in another jurisdiction.
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| If the licensee has not maintained an active practice
in
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| another jurisdiction satisfactory to the Department, the | 23 |
| Department shall
determine, by an evaluation program | 24 |
| established by rule, his or her
fitness
for restoration of the | 25 |
| license and shall establish procedures and requirements
for
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| restoration.
However, a licensee whose license expired while he |
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| or
she
was (1) in federal service on active duty with the Armed | 2 |
| Forces of the United
States or the State Militia called into | 3 |
| service or training or (2) in
training or
education under the | 4 |
| supervision of the United States before
induction
into the | 5 |
| military service, may have the license restored without paying | 6 |
| any
lapsed
renewal fees if within 2 years after honorable | 7 |
| termination of the
service,
training, or education he or she | 8 |
| furnishes the Department with
satisfactory
evidence to the | 9 |
| effect that he or she has been so engaged and that his
or
her | 10 |
| service, training, or education has been so terminated.
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| (Source: P.A. 91-580, eff. 1-1-00.)
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| (225 ILCS 125/75 new) | 13 |
| Sec. 75. Continued education. Each licensee must complete | 14 |
| 30 hours of continuing education during each 2-year license | 15 |
| renewal period. | 16 |
| All licensees must maintain records of completion of the | 17 |
| required continuing education hours set forth under this | 18 |
| Section and be prepared to produce such records upon request by | 19 |
| the Department. | 20 |
| Notwithstanding any other rulemaking authority that may | 21 |
| exist, neither the Governor nor any agency or agency head under | 22 |
| the jurisdiction of the Governor has any authority to make or | 23 |
| promulgate rules to implement or enforce the provisions of this | 24 |
| amendatory Act of the 95th General Assembly. If, however, the | 25 |
| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th | 2 |
| General Assembly, the Governor may suggest rules to the General | 3 |
| Assembly by filing them with the Clerk of the House and the | 4 |
| Secretary of the Senate and by requesting that the General | 5 |
| Assembly authorize such rulemaking by law, enact those | 6 |
| suggested rules into law, or take any other appropriate action | 7 |
| in the General Assembly's discretion. Nothing contained in this | 8 |
| amendatory Act of the 95th General Assembly shall be | 9 |
| interpreted to grant rulemaking authority under any other | 10 |
| Illinois statute where such authority is not otherwise | 11 |
| explicitly given. For the purposes of this amendatory Act of | 12 |
| the 95th General Assembly, "rules" is given the meaning | 13 |
| contained in Section 1-70 of the Illinois Administrative | 14 |
| Procedure Act, and "agency" and "agency head" are given the | 15 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 16 |
| Administrative Procedure Act to the extent that such | 17 |
| definitions apply to agencies or agency heads under the | 18 |
| jurisdiction of the Governor.
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.".
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