Full Text of HB2440 96th General Assembly
HB2440sam002 96TH GENERAL ASSEMBLY
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Sen. Iris Y. Martinez
Filed: 5/17/2009
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| AMENDMENT TO HOUSE BILL 2440
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| AMENDMENT NO. ______. Amend House Bill 2440 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Regulatory Sunset Act is amended by | 5 |
| changing Section 4.20 and adding Section 4.30 as follows:
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| (5 ILCS 80/4.20)
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| Sec. 4.20. Acts repealed on January 1, 2010 and December | 8 |
| 31, 2010.
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| (a) The following Acts are repealed on January 1, 2010:
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| The Auction License Act.
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| The Illinois Architecture Practice Act of 1989.
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| The Illinois Landscape Architecture Act of 1989.
| 13 |
| The Illinois Professional Land Surveyor Act of 1989.
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| The Land Sales Registration Act of 1999.
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| The Orthotics, Prosthetics, and Pedorthics Practice | 16 |
| Act.
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| The Perfusionist Practice Act.
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| The Professional Engineering Practice Act of 1989.
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| The Real Estate License Act of 2000.
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| The Structural Engineering Practice Act of 1989.
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| (b) The following Act is repealed on December 31, 2010: | 6 |
| The Medical Practice Act of 1987. | 7 |
| (Source: P.A. 95-1018, eff. 12-18-08.)
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| (5 ILCS 80/4.30 new) | 9 |
| Sec. 4.30. Acts repealed on January 1, 2020. The following | 10 |
| Acts are repealed on January 1, 2020: | 11 |
| The Orthotics, Prosthetics, and Pedorthics Practice Act. | 12 |
| The Perfusionist Practice Act. | 13 |
| Section 10. The Orthotics, Prosthetics, and Pedorthics | 14 |
| Practice Act is amended by changing Sections 5, 10, 15, 20, 25, | 15 |
| 40, 55, 57, 60, 70, 80, 85, 90, 95, 100, 105, 110, 115, 120, | 16 |
| 125, 130, 135, 150, and 160 and by adding Sections 77, 103, and | 17 |
| 107 as follows:
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| (225 ILCS 84/5)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5. Declaration of public policy. The practice of | 21 |
| orthotics and
prosthetics in the State of Illinois is an allied | 22 |
| health profession recognized
by the American Medical | 23 |
| Association, with educational standards established by
the |
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| Commission on Accreditation of Allied Health Education | 2 |
| Programs. The
practice of pedorthics in the State of Illinois | 3 |
| is an allied health profession with educational standards | 4 |
| established by the National Commission on Orthotic and | 5 |
| Prosthetic Education
recognized by the American Academy of | 6 |
| Orthopaedic Surgeons, with educational
standards established | 7 |
| by the Board for Certification in Pedorthics . The
increasing | 8 |
| population of elderly and physically challenged individuals | 9 |
| who need
orthotic, prosthetic, and pedorthic services requires | 10 |
| that the orthotic,
prosthetic, and pedorthic professions be | 11 |
| regulated to ensure the provision of
high-quality services and | 12 |
| devices. The people of Illinois deserve the best
care | 13 |
| available, and will benefit from the assurance of initial and | 14 |
| ongoing
professional competence of the orthotists, | 15 |
| prosthetists, and pedorthists
practicing in this State. The | 16 |
| practice of orthotics, prosthetics, and
pedorthics serves to | 17 |
| improve and enhance the lives of individuals with
disabilities | 18 |
| by enabling them to resume productive lives following serious
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| illness, injury, or trauma. Unregulated dispensing of | 20 |
| orthotic, prosthetic,
and pedorthic care does not adequately | 21 |
| meet the needs or serve the
interests of the public. In keeping | 22 |
| with State requirements imposed on similar
health
disciplines, | 23 |
| licensure of the orthotic, prosthetic, and pedorthic | 24 |
| professions
will help
ensure the health and safety of | 25 |
| consumers, as well as maximize their functional
abilities
and | 26 |
| productivity levels. This Act shall be liberally construed to |
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| best carry
out these
subjects and purposes.
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| (Source: P.A. 91-590, eff. 1-1-00.)
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| (225 ILCS 84/10)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 10. Definitions. As used in this Act:
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| "Accredited facility" means a facility which has been | 7 |
| accredited by the Center for Medicare Medicaid Services to | 8 |
| practice prosthetics, orthotics or pedorthics and which | 9 |
| represents itself to the public by title or description of | 10 |
| services that includes the term "prosthetic", "prosthetist", | 11 |
| "artificial limb", "orthotic", "orthotist", "brace", | 12 |
| "pedorthic", "pedorthist" or a similar title or description of | 13 |
| services. | 14 |
| "Address of record" means the designated address recorded | 15 |
| by the Department in the applicant's or licensee's application | 16 |
| file or license file maintained by the Department's licensure | 17 |
| maintenance unit. It is the duty of the applicant or licensee | 18 |
| to inform the Department of any change of address, and such | 19 |
| changes must be made either through the Department's website or | 20 |
| by contacting the Department. | 21 |
| "Assistant" means a person who is educated and trained to | 22 |
| participate in comprehensive orthotic or prosthetic care while | 23 |
| under the supervision, as defined by rule, of a licensed | 24 |
| orthotist or licensed prosthetist. Assistants may perform | 25 |
| orthotic or prosthetic procedures and related tasks in the |
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| management of patient care. Assistants may also fabricate, | 2 |
| repair, and maintain orthoses and prostheses assists an | 3 |
| orthotist, prosthetist, or
prosthetist/orthotist with patient | 4 |
| care services and fabrication of orthoses or
prostheses
under | 5 |
| the supervision of a licensed orthotist or prosthetist .
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| "Board" means the Board of Orthotics, Prosthetics, and | 7 |
| Pedorthics.
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| "Custom fabricated device" means an orthosis, prosthesis, | 9 |
| or pedorthic device fabricated to comprehensive measurements | 10 |
| or a mold or patient model for use by a patient in accordance | 11 |
| with a prescription and which requires clinical and technical | 12 |
| judgment in its design, fabrication, and fitting. | 13 |
| "Custom fitted device" means an orthosis, prosthesis, or | 14 |
| pedorthic device made to patient measurements sized or modified | 15 |
| for use by the patient in accordance with a prescription and | 16 |
| which requires clinical and technical judgment and substantive | 17 |
| alteration in its design. "Custom" means that an orthosis, | 18 |
| prosthesis, or pedorthic device is designed,
fabricated, and | 19 |
| aligned specifically for one person in accordance with sound
| 20 |
| biomechanical principles.
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| "Custom fitted" means that a prefabricated orthosis, | 22 |
| prosthesis, or pedorthic
device is modified and aligned | 23 |
| specifically for one person in accordance with
sound
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| biomechanical principles.
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| "Department" means the Department of Financial and | 26 |
| Professional Regulation.
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| "Director" means the Director of Professional Regulation.
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| "Facility" means the business location where orthotic, | 3 |
| prosthetic, or
pedorthic care is provided and, in the case of | 4 |
| an orthotic/prosthetic facility,
has the
appropriate
clinical | 5 |
| and laboratory space and equipment to provide comprehensive | 6 |
| orthotic
or
prosthetic care and, in the case of a pedorthic | 7 |
| facility, has the
appropriate clinical
space and
equipment to | 8 |
| provide pedorthic care. Licensed orthotists, prosthetists, and
| 9 |
| pedorthists
must be available to either provide care or | 10 |
| supervise the provision of care by unlicensed
registered
staff.
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| "Licensed orthotist " or "LO " means a person licensed under | 12 |
| this Act to practice
orthotics and who represents himself or | 13 |
| herself to the public by title or
description of
services that | 14 |
| includes the term "orthotic", "orthotist", "brace", or a | 15 |
| similar
title or
description of services.
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| "Licensed pedorthist " or "LPed " means a person licensed | 17 |
| under this Act to practice
pedorthics and who represents | 18 |
| himself or herself to the public by the title or
description of
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| services that include the term "pedorthic", "pedorthist", or a | 20 |
| similar title or
description
of services.
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| "Licensed physician" means a person licensed
under the | 22 |
| Medical Practice Act of 1987.
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| "Licensed podiatrist" means a person licensed under the | 24 |
| Podiatric
Medical Practice Act of 1987.
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| "Licensed prosthetist " or "LP " means a person licensed | 26 |
| under this Act to practice
prosthetics and who represents |
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| himself or herself to the public by title or
description of
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| services that includes the term "prosthetic", "prosthetist", | 3 |
| "artificial
limb", or a
similar title or description of | 4 |
| services.
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| "Off-the-shelf device" means a prefabricated orthosis, | 6 |
| prosthesis, or pedorthic device sized or modified for use by | 7 |
| the patient in accordance with a prescription and that does not | 8 |
| require substantial clinical judgment and substantive | 9 |
| alteration for appropriate use. | 10 |
| "Orthosis" means a custom-fabricated or custom-fitted | 11 |
| brace or support
designed to provide for alignment, correction, | 12 |
| or prevention of neuromuscular
or
musculoskeletal dysfunction, | 13 |
| disease, injury, or deformity. "Orthosis" does
not include
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| fabric or elastic supports, corsets, arch supports, | 15 |
| low-temperature plastic
splints,
trusses, elastic hoses, | 16 |
| canes, crutches, soft cervical collars, dental
appliances, or | 17 |
| other
similar devices carried in stock and sold as | 18 |
| "over-the-counter" items by a drug
store,
department store, | 19 |
| corset shop, or surgical supply facility.
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| "Orthotic and Prosthetic Education Program" means a course | 21 |
| of instruction
accredited by the Commission on Accreditation of | 22 |
| Allied Health Education
Programs,
consisting of (i) a basic | 23 |
| curriculum of college level instruction in math,
physics,
| 24 |
| biology, chemistry, and psychology and (ii) a specific | 25 |
| curriculum in orthotic
or
prosthetic courses, including: (A) | 26 |
| lectures covering pertinent anatomy,
biomechanics,
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| pathomechanics, prosthetic-orthotic components and materials, | 2 |
| training and
functional
capabilities, prosthetic or orthotic | 3 |
| performance evaluation, prescription
considerations,
etiology | 4 |
| of amputations and disease processes necessitating prosthetic | 5 |
| or
orthotic use,
and medical management; (B) subject matter | 6 |
| related to pediatric and geriatric
problems;
(C) instruction in | 7 |
| acute care techniques, such as immediate and early
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| post-surgical
prosthetics and fracture bracing techniques; and | 9 |
| (D) lectures,
demonstrations,
and laboratory experiences | 10 |
| related to the entire process of measuring, casting,
fitting,
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| fabricating, aligning, and completing prostheses or orthoses.
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| "Orthotic and prosthetic scope of practice" means a list of | 13 |
| tasks, with
relative
weight given to such factors as | 14 |
| importance, criticality, and frequency, based
on
| 15 |
| internationally accepted standards of orthotic and prosthetic | 16 |
| care as outlined
by the
International Society of Prosthetics | 17 |
| and Orthotics' professional profile for
Category I
and Category | 18 |
| III orthotic and prosthetic personnel.
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| "Orthotics" means the science and practice of evaluating, | 20 |
| measuring,
designing, fabricating, assembling, fitting, | 21 |
| adjusting, or servicing an
orthosis under an
order from a | 22 |
| licensed physician or podiatrist for the correction
or
| 23 |
| alleviation of neuromuscular or musculoskeletal dysfunction, | 24 |
| disease, injury,
or
deformity.
| 25 |
| "Orthotist" means a health care professional, specifically | 26 |
| educated and trained in orthotic patient care, who measures, |
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| designs, fabricates, fits, or services orthoses and may assist | 2 |
| in the formulation of the order and treatment plan of orthoses | 3 |
| for the support or correction of disabilities caused by | 4 |
| neuro-musculoskeletal diseases, injuries, or deformities. | 5 |
| person who measures, designs, fabricates, fits, or
services
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| orthoses and assists in the formulation of the order of | 7 |
| orthoses as ordered
by a
licensed physician for the support or | 8 |
| correction of disabilities caused by
neuro-musculoskeletal | 9 |
| diseases, injuries, or deformities.
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| "Over-the-counter" means a prefabricated, mass-produced | 11 |
| device that is
prepackaged and requires no professional advice | 12 |
| or judgement in either size
selection or
use, including fabric | 13 |
| or elastic supports, corsets, generic arch supports,
elastic | 14 |
| hoses.
| 15 |
| "Pedorthic device" means therapeutic shoes (e.g. diabetic | 16 |
| shoes and inserts), shoe modifications made for therapeutic | 17 |
| purposes, below the ankle partial foot prostheses, and foot | 18 |
| orthoses for use at the ankle or below. It also includes | 19 |
| subtalar-control foot orthoses designed to manage the function | 20 |
| of the anatomy by controlling the range of motion of the | 21 |
| subtalar joint. Excluding footwear, the proximal height of a | 22 |
| custom pedorthic device does not extend beyond the junction of | 23 |
| the gastrocnemius and the Achilles tendon. Pedorthic devices do | 24 |
| not include non-therapeutic inlays or footwear regardless of | 25 |
| method of manufacture; unmodified, non-therapeutic | 26 |
| over-the-counter shoes; or prefabricated foot care products. |
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| "Therapeutic" devices address a medical condition, diagnosed | 2 |
| by a prescribing medical professional, while "non-therapeutic" | 3 |
| devices do not address a medical condition. footwear, foot | 4 |
| orthoses for use at the
ankle or below, and modified footwear | 5 |
| made for therapeutic purposes.
"Pedorthic device" does not | 6 |
| include non-therapeutic accommodative inlays or
| 7 |
| non-therapeutic
accommodative footwear, regardless of method | 8 |
| of manufacture, shoe
modifications
made for non-therapeutic | 9 |
| purposes, unmodified, over-the-counter shoes, or
prefabricated | 10 |
| foot care products.
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| "Pedorthic education program" means an educational program | 12 |
| accredited by the National Commission on Orthotic and | 13 |
| Prosthetic Education a course of instruction accredited by
the | 14 |
| Board for Certification in Pedorthics consisting of (i) a basic | 15 |
| curriculum
of
instruction in foot-related pathology of | 16 |
| diseases, anatomy, and biomechanics
and (ii) a
specific | 17 |
| curriculum in pedorthic courses, including lectures covering | 18 |
| shoes,
foot
orthoses, and shoe modifications, pedorthic | 19 |
| components and materials, training
and
functional | 20 |
| capabilities, pedorthic performance evaluation, prescription
| 21 |
| considerations,
etiology of disease processes necessitating | 22 |
| use of pedorthic devices, medical
management, subject matter | 23 |
| related to pediatric and geriatric problems, and
lectures,
| 24 |
| demonstrations, and laboratory experiences related to the | 25 |
| entire process of
measuring
and casting, fitting, fabricating, | 26 |
| aligning, and completing pedorthic
devices.
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| "Pedorthic scope of practice" means a list of tasks with | 2 |
| relative weight
given
to such factors as importance, | 3 |
| criticality, and frequency based on nationally
accepted
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| standards of pedorthic care as outlined by the National | 5 |
| Commission on Orthotic and Prosthetic Education Board for | 6 |
| Certification in
Pedorthics'
comprehensive analysis with an | 7 |
| empirical validation study of the profession
performed
by an | 8 |
| independent testing company.
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| "Pedorthics" means the science and practice of evaluating, | 10 |
| measuring,
designing, fabricating, assembling, fitting, | 11 |
| adjusting, or servicing a
pedorthic device
under an order from | 12 |
| a licensed physician or podiatrist for the
correction or
| 13 |
| alleviation of neuromuscular or musculoskeletal dysfunction, | 14 |
| disease, injury,
or
deformity.
| 15 |
| "Pedorthist" means a health care professional, | 16 |
| specifically educated and trained in pedorthic patient care, | 17 |
| who measures, designs, fabricates, fits, or services pedorthic | 18 |
| devices and may assist in the formulation of the order and | 19 |
| treatment plan of pedorthic devices for the support or | 20 |
| correction of disabilities caused by neuro-musculoskeletal | 21 |
| diseases, injuries, or deformities. person who measures, | 22 |
| designs, fabricates, fits, or
services pedorthic devices and | 23 |
| assists in the formulation of the order
of pedorthic
devices as | 24 |
| ordered by a licensed physician for the support or correction | 25 |
| of
disabilities
caused by neuro-musculoskeletal diseases, | 26 |
| injuries, or deformities.
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| "Person" means a natural person.
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| "Prosthesis" means an artificial medical device that is not | 3 |
| surgically
implanted and that is used to replace a missing | 4 |
| limb, appendage, or any other
external
human body
part | 5 |
| including an artificial limb, hand, or foot. "Prosthesis" does | 6 |
| not include
artificial
eyes, ears, fingers, or toes, dental | 7 |
| appliances, cosmetic devices such as
artificial
breasts, | 8 |
| eyelashes, or wigs, or other devices that do not have a | 9 |
| significant
impact on the
musculoskeletal functions of the | 10 |
| body.
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| "Prosthetics" means the science and practice of | 12 |
| evaluating, measuring,
designing, fabricating, assembling, | 13 |
| fitting, adjusting, or servicing a
prosthesis
under an
order | 14 |
| from a licensed physician.
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| "Prosthetist" means a health care professional, | 16 |
| specifically educated and trained in prosthetic patient care, | 17 |
| who measures, designs, fabricates, fits, or services | 18 |
| prostheses and may assist in the formulation of the order and | 19 |
| treatment plan of prostheses for the replacement of external | 20 |
| parts of the human body lost due to amputation or congenital | 21 |
| deformities or absences. person who measures, designs, | 22 |
| fabricates, fits, or
services prostheses and assists in the | 23 |
| formulation of the
order of prostheses as ordered
by a licensed | 24 |
| physician for the replacement of external parts of
the human
| 25 |
| body lost due to amputation or congenital deformities or | 26 |
| absences.
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| "Prosthetist/orthotist" means a person who practices both | 2 |
| disciplines of
prosthetics and orthotics and who represents | 3 |
| himself or herself to the public
by title or by
description of | 4 |
| services. A person who is currently licensed by the State as | 5 |
| both a licensed prosthetist and a licensed orthotist may use | 6 |
| the title "Licensed Prosthetist Orthotist" or "LPO".
| 7 |
| "Resident" means a person who has completed an education | 8 |
| program in either
orthotics or prosthetics and is continuing | 9 |
| his or her clinical education in a
residency
accredited by the | 10 |
| National Commission on Orthotic and Prosthetic Education.
| 11 |
| "Residency" means a minimum of a one-year approved | 12 |
| supervised program to acquire practical clinical training in | 13 |
| orthotics or prosthetics in a patient care setting. | 14 |
| "Secretary" means the Secretary of Financial and | 15 |
| Professional Regulation. | 16 |
| "Technician" means a person who assists an orthotist, | 17 |
| prosthetist,
prosthetist/orthotist, or pedorthist with | 18 |
| fabrication of orthoses, prostheses,
or pedorthic
devices but | 19 |
| does not provide direct patient care.
| 20 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 21 |
| (225 ILCS 84/15)
| 22 |
| (Section scheduled to be repealed on January 1, 2010)
| 23 |
| Sec. 15. Exceptions. This Act shall not be construed to | 24 |
| prohibit:
| 25 |
| (1) a physician licensed in this State
from engaging in the |
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| practice for which he or she is licensed;
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| (2) a person licensed in this State under any other Act | 3 |
| from engaging in the
practice for which he or she is licensed;
| 4 |
| (3) the practice of orthotics, prosthetics, or pedorthics | 5 |
| by a person who is
employed by the federal government or any | 6 |
| bureau, division, or agency of the
federal
government while in | 7 |
| the discharge of the employee's official duties;
| 8 |
| (4) the practice of orthotics, prosthetics, or pedorthics | 9 |
| by (i) a student
enrolled in a school of orthotics, | 10 |
| prosthetics, or pedorthics, (ii) a
resident continuing
his or | 11 |
| her clinical education in a residency accredited by the | 12 |
| National
Commission on
Orthotic and Prosthetic Education, or | 13 |
| (iii) a student in a qualified work
experience
program or | 14 |
| internship in pedorthics;
| 15 |
| (5) the practice of orthotics, prosthetics, or pedorthics | 16 |
| by one who is an
orthotist, prosthetist, or pedorthist licensed | 17 |
| under the laws of another state
or territory
of the United | 18 |
| States or another country and has applied in writing to the
| 19 |
| Department, in
a form and substance satisfactory to the | 20 |
| Department, for a license as
orthotist,
prosthetist, or | 21 |
| pedorthist and who is qualified to receive the license under
| 22 |
| Section 40
until (i) the expiration of 6 months after the | 23 |
| filing of the written
application, (ii) the
withdrawal of the | 24 |
| application, or (iii) the denial of the application by the
| 25 |
| Department;
| 26 |
| (6) a person licensed by this State as a physical |
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| therapist , or occupational
therapist , or advanced practice | 2 |
| nurse from engaging in his or her profession; or
| 3 |
| (7) a physician licensed under the Podiatric Medical | 4 |
| Practice Act of 1997
from engaging in his or her profession.
| 5 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 6 |
| (225 ILCS 84/20)
| 7 |
| (Section scheduled to be repealed on January 1, 2010)
| 8 |
| Sec. 20. Powers and duties of the Department.
| 9 |
| (a) The Department shall exercise the powers and duties | 10 |
| prescribed by the
Civil
Administrative Code of Illinois for the | 11 |
| administration of licensure Acts and
shall
exercise other | 12 |
| powers and duties necessary for effectuating the purposes of
| 13 |
| this Act.
| 14 |
| (b) The Department shall may adopt rules to administer and | 15 |
| enforce this Act
including, but not limited to, fees for | 16 |
| original licensure , and renewal and
restoration of
licenses and | 17 |
| may prescribe forms to be issued to implement its rules. The
| 18 |
| Department shall
exercise the powers and duties prescribed by | 19 |
| this Act. At a minimum, the rules
adopted by the Department | 20 |
| shall include standards and criteria for licensure
and for
| 21 |
| professional conduct and discipline. The Department shall | 22 |
| consult with the
Board in
adopting rules. Notice of proposed | 23 |
| rulemaking shall be transmitted to the
Board, and
the | 24 |
| Department shall review the Board's response and inform the | 25 |
| Board of any deviations any recommendations made
in
writing |
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| with proper explanation of deviations from the Board's | 2 |
| recommendations
and
response .
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| (c) The Department at any time may seek the expert advice | 4 |
| and knowledge of
the Board on any matter relating to the | 5 |
| enforcement of this Act.
| 6 |
| (d) Department may adopt rules as necessary to establish | 7 |
| eligibility for
facility
registration and standards.
| 8 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 9 |
| (225 ILCS 84/25)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 25. Board of Orthotics, Prosthetics, and Pedorthics.
| 12 |
| (a) There is established a Board of Orthotics, Prosthetics, | 13 |
| and Pedorthics,
which shall consist of 6 voting members to be | 14 |
| appointed by the Secretary Director . Three
members shall be | 15 |
| practicing licensed orthotists, licensed prosthetists, or
| 16 |
| licensed
pedorthists. These members may be licensed in more | 17 |
| than one discipline and
their
appointments must equally | 18 |
| represent all 3 disciplines. One member shall be a
member of | 19 |
| the public who is a consumer of orthotic, prosthetic, or | 20 |
| pedorthic
professional services. One member shall be a public | 21 |
| member who is not licensed
under
this Act or a consumer of | 22 |
| services licensed under this Act. One member shall
be a | 23 |
| licensed physician.
| 24 |
| (b) Each member of the Board shall serve a term of 3 years, | 25 |
| except that of
the initial appointments to the Board, 2 members |
|
|
|
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| 1 |
| shall be appointed for one
year, 2
members shall be appointed | 2 |
| for 2 years, and 2 members shall be appointed for
3 years. Each | 3 |
| member shall hold office and execute his or her Board
| 4 |
| responsibilities until the qualification and appointment of | 5 |
| his or her
successor. No
member of the Board shall serve more | 6 |
| than 8 consecutive years or 2 full terms,
whichever is greater.
| 7 |
| (c) Members of the Board shall receive as compensation a | 8 |
| reasonable sum as
determined by the Secretary Director for each | 9 |
| day actually engaged in the duties of the
office and
shall be | 10 |
| reimbursed for reasonable expenses incurred in performing the | 11 |
| duties
of the
office.
| 12 |
| (d) Four members of the Board shall constitute a quorum. A | 13 |
| quorum is required for all Board decisions A quorum of the | 14 |
| Board shall consist of a majority of Board members
currently | 15 |
| appointed .
| 16 |
| (e) The Secretary Director may terminate the appointment of | 17 |
| any member for cause
which, in the opinion of the Secretary | 18 |
| Director reasonably justifies termination, which
may
include, | 19 |
| but is not limited to, a Board member who does not attend 2
| 20 |
| consecutive
meetings.
| 21 |
| (f) Membership of the Board should reasonably reflect | 22 |
| representation from
the geographic areas in this State.
| 23 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 24 |
| (225 ILCS 84/40)
| 25 |
| (Section scheduled to be repealed on January 1, 2010)
|
|
|
|
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| 1 |
| Sec. 40.
Qualifications for licensure as orthotist, | 2 |
| prosthetist, or
pedorthist.
| 3 |
| (a) To qualify for a license to practice orthotics or | 4 |
| prosthetics, a
person
shall:
| 5 |
| (1) possess a baccalaureate degree from a college or | 6 |
| university;
| 7 |
| (2) have completed the amount of formal training, | 8 |
| including, but not
limited to, any hours of classroom | 9 |
| education and clinical practice established
and approved | 10 |
| by the Department;
| 11 |
| (3) complete a clinical residency in the professional | 12 |
| area for which a
license is sought in accordance with | 13 |
| standards, guidelines, or procedures for
residencies | 14 |
| inside or outside this State established and approved by | 15 |
| the
Department. The majority
of training must be devoted to | 16 |
| services performed under the supervision of a
licensed | 17 |
| practitioner of orthotics or prosthetics or a person | 18 |
| certified as a
Certified Orthotist (CO), Certified | 19 |
| Prosthetist (CP), or Certified Prosthetist
Orthotist (CPO) | 20 |
| whose practice is located outside of the State | 21 |
| certification was obtained before the effective date of
| 22 |
| this Act ;
| 23 |
| (4) pass all written, practical, and oral examinations | 24 |
| that are required
and approved by the Department; and
| 25 |
| (5) be qualified to practice in accordance with | 26 |
| internationally
accepted standards of orthotic and |
|
|
|
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| prosthetic care.
| 2 |
| (b) To qualify for a license to practice pedorthics, a | 3 |
| person shall:
| 4 |
| (1) submit proof of possess a high school diploma or | 5 |
| its equivalent;
| 6 |
| (2) have completed the amount of formal training, | 7 |
| including, but
not limited to, any hours of classroom | 8 |
| education and clinical practice
established and approved | 9 |
| by the Department;
| 10 |
| (3) complete a qualified work experience program or | 11 |
| internship
in pedorthics that has a minimum of 1,000 hours | 12 |
| of pedorthic patient care experience in accordance with any | 13 |
| standards, guidelines, or procedures
established and | 14 |
| approved by the Department . The majority of training must | 15 |
| be devoted to services performed under the supervision of a | 16 |
| licensed practitioner of pedorthics or a person certified | 17 |
| as a Certified Pedorthist (C.Ped) whose practice is located | 18 |
| outside of the State ;
| 19 |
| (4) pass all examinations that are required and | 20 |
| approved by the
Department; and
| 21 |
| (5) be qualified to practice in accordance with | 22 |
| nationally
accepted standards of pedorthic care.
| 23 |
| (c) The standards and requirements for licensure | 24 |
| established by the
Department shall be substantially equal to | 25 |
| or in excess of standards commonly
accepted
in the profession | 26 |
| of orthotics, prosthetics, or pedorthics. The Department
shall |
|
|
|
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| 1 |
| adopt
rules as necessary to set the standards and requirements.
| 2 |
| (d) A person may be licensed in more than one discipline.
| 3 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 4 |
| (225 ILCS 84/55)
| 5 |
| (Section scheduled to be repealed on January 1, 2010)
| 6 |
| Sec. 55. License required Transition period .
| 7 |
| (a) Until January 1, 2002, a person certified as a | 8 |
| Certified Orthotist (CO),
Certified Prosthetist (CP), or | 9 |
| Certified Prosthetist Orthotist (CPO) by the
American
Board for | 10 |
| Certification in Prosthetics and Orthotics, Incorporated, or | 11 |
| holding
similar
certifications from other accrediting bodies | 12 |
| with equivalent educational
requirements
and examination | 13 |
| standards may apply for and shall be granted orthotic or
| 14 |
| prosthetic licensure under this Act upon payment of the | 15 |
| required fee. After
that date, any
applicant for licensure as | 16 |
| an orthotist or a prosthetist shall meet the
requirements of | 17 |
| subsection (a) of Section 40 of this Act.
| 18 |
| (b) Until January 1, 2002, a person certified as a | 19 |
| Certified Pedorthist
(CPed)
by the Board for Certification in | 20 |
| Pedorthics, Incorporated, or a person
certified as a
Certified | 21 |
| Orthotist (CO) or Certified Prosthetist Orthotist (CPO) by the
| 22 |
| American
Board for Certification in Prosthetics and Orthotics, | 23 |
| Incorporated, or holding
similar
certifications from other | 24 |
| accrediting bodies with equivalent educational
requirements
| 25 |
| and examination standards may apply for and shall be granted |
|
|
|
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| 1 |
| pedorthic
licensure
under this Act upon payment of the required | 2 |
| fee. After that date, any
applicant for
licensure as a | 3 |
| pedorthist shall meet the requirements of subsection (b) of
| 4 |
| Section 40 of
this Act.
| 5 |
| No (c) On and after January 1, 2002, no person shall | 6 |
| practice orthotics,
prosthetics, or pedorthics in this State or | 7 |
| hold himself or herself out as
being able to
practice either | 8 |
| profession, unless he or she is licensed in accordance with
| 9 |
| Section 40 of
this Act.
| 10 |
| (d) Notwithstanding any other provision of this Section, a | 11 |
| person who has
practiced full-time for the past 7 years in a | 12 |
| prosthetic/orthotic facility as
an orthotist,
prosthetist, | 13 |
| prosthetist/orthotist, assistant, or technician or in a | 14 |
| pedorthic
facility as a
pedorthist or pedorthic technician on | 15 |
| the effective date of this Act may file
an
application with the | 16 |
| Board within 60 days after the
enforcement
of this Section | 17 |
| begins pursuant to Section 56 of this Act
in order to
continue | 18 |
| to practice orthotics, prosthetics, or pedorthics at his or her
| 19 |
| identified level of
practice. The applicant shall be issued a | 20 |
| license or certificate of
registration to practice
orthotics, | 21 |
| prosthetics, or pedorthics under the provisions of this Act | 22 |
| without
examination upon receipt by the Department of payment | 23 |
| of the licensing or
registration
fee required under Section 70 | 24 |
| of this Act and after the Board has completed an
investigation | 25 |
| of the applicant's work history. The Board shall complete its
| 26 |
| investigation for the purposes of this Section within 6 months |
|
|
|
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| 1 |
| of the date of
the
application. The investigation may include, | 2 |
| but is not limited to, completion
by
the
applicant of a | 3 |
| questionnaire regarding the applicant's work history and scope
| 4 |
| of
practice.
| 5 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 6 |
| (225 ILCS 84/57)
| 7 |
| (Section scheduled to be repealed on January 1, 2010)
| 8 |
| Sec. 57. Limitation on provision of care and services. A
| 9 |
| licensed orthotist , prosthetist, or pedorthist may provide | 10 |
| care or services only if the care
or services are provided | 11 |
| pursuant to an order from (i) a licensed physician , (ii) a
or | 12 |
| podiatrist , (iii) an advanced practice nurse who has a written | 13 |
| collaborative agreement with a collaborating physician or | 14 |
| podiatrist that specifically authorizes ordering the services | 15 |
| of an orthotist, prosthetist or pedorthist, (iv) an advanced | 16 |
| practice nurse who practices in a hospital or ambulatory | 17 |
| surgical treatment center and possesses clinical privileges to | 18 |
| order services of an orthotist, prosthetist, or pedorthist, or | 19 |
| (v) a physician assistant who has been delegated the authority | 20 |
| to order the services of an orthotist, prosthetist, or | 21 |
| pedorthist by his or her supervising physician. A licensed | 22 |
| podiatrist or advanced practice nurse collaborating with a | 23 |
| podiatrist may only order care or services concerning the foot | 24 |
| from a licensed prosthetist . A licensed prosthetist may provide | 25 |
| care or
services only if the care or services are provided |
|
|
|
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| 1 |
| pursuant to an order from a
licensed physician.
| 2 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 3 |
| (225 ILCS 84/60)
| 4 |
| (Section scheduled to be repealed on January 1, 2010)
| 5 |
| Sec. 60. Renewal; restoration; military service ; inactive | 6 |
| status .
| 7 |
| (a) The expiration date and renewal period for each license | 8 |
| issued under
this
Act shall be set by rule of the Department. | 9 |
| The Board shall establish
continuing
education requirements | 10 |
| for the renewal of a license. These requirements shall
be based
| 11 |
| on established standards of competence.
| 12 |
| (b) A person who has permitted his or her license to expire | 13 |
| or who has had
his
or her license on inactive status may have | 14 |
| his or her license restored by
(i) making
application to the | 15 |
| Department, (ii) filing proof acceptable to the Department
of | 16 |
| his or her
fitness to have his or her license restored | 17 |
| including, but not limited to,
sworn
evidence
certifying to | 18 |
| active practice in another jurisdiction satisfactory to the
| 19 |
| Department, and (iii)
paying the required restoration fee. If | 20 |
| the person has not maintained an
active
practice in another | 21 |
| jurisdiction satisfactory to the Department, the Board
shall
| 22 |
| determine, by an evaluation program established by rule, his or | 23 |
| her fitness to
resume
active status and may require the person | 24 |
| to complete a period of evaluated
clinical
experience and may | 25 |
| require successful completion of an examination.
|
|
|
|
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|
| 1 |
| (c) A person whose license expired while he or she was (i) | 2 |
| in federal
service on active duty within the armed forces of | 3 |
| the United States or with the
State
militia called into service | 4 |
| or training or (ii) in training or education under
the
| 5 |
| supervision of the United States preliminary to induction into | 6 |
| military
service may
have his or her license renewed or | 7 |
| restored without paying a lapsed renewal fee
if,
within 2 years | 8 |
| after termination from the service, training, or education
| 9 |
| except under
conditions other than honorable, he or she | 10 |
| furnished the Department with
satisfactory
evidence that he or | 11 |
| she has been so engaged and that his or her service,
training, | 12 |
| or education has been terminated.
| 13 |
| (d) A person who notifies the Department in writing on | 14 |
| forms prescribed by the Department may elect to place his or | 15 |
| her license on an inactive status and shall, subject to rules | 16 |
| of the Department, be excused from payment of renewal fees | 17 |
| until he or she notifies the Department in writing of his or | 18 |
| her desire to resume active status. | 19 |
| (e) A person requesting restoration from inactive status | 20 |
| shall be required to pay the current renewal fee and shall be | 21 |
| required to restore his or her license as provided in Section | 22 |
| 60 of this Act. | 23 |
| (f) An orthotist, prosthetist, or pedorthist whose license | 24 |
| is on inactive status shall not practice orthotics, | 25 |
| prosthetics, or pedorthics in this State. | 26 |
| (Source: P.A. 91-590, eff. 1-1-00.)
|
|
|
|
09600HB2440sam002 |
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|
| 1 |
| (225 ILCS 84/70)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 70. Endorsement. The Department may, at its | 4 |
| discretion, license as
either an orthotist,
prosthetist, or | 5 |
| pedorthist, without examination and on payment of the required
| 6 |
| fee,
an applicant who is an orthotist, prosthetist, or | 7 |
| pedorthist who is (i)
licensed under the
laws of another state, | 8 |
| territory, or country, if the requirements for licensure
in | 9 |
| that state,
territory, or country in which the applicant was | 10 |
| licensed were, at the date of
his or her
licensure, | 11 |
| substantially equal to the requirements in force in this State | 12 |
| on
that date or (ii)
certified by a national certification | 13 |
| organization with educational and testing
standards as set | 14 |
| forth by rule
equal to or more stringent than the licensing | 15 |
| requirements of this State .
| 16 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 17 |
| (225 ILCS 84/77 new)
| 18 |
| Sec. 77. Returned checks; fines. Any person who delivers a | 19 |
| check or other payment to the Department that is returned to | 20 |
| the Department unpaid by the financial institution upon which | 21 |
| it is drawn shall pay to the Department, in addition to the | 22 |
| amount already owed to the Department, a fine of $50. The fines | 23 |
| imposed by this Section are in addition to any other discipline | 24 |
| provided under this Act for unlicensed practice or practice on |
|
|
|
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| 1 |
| a non-renewed license. The Department shall notify the person | 2 |
| that payment of fees and fines shall be made to the Department | 3 |
| by certified check or money order within 30 calendar days of | 4 |
| the notification. If, after the expiration of 30 days from the | 5 |
| date of the notification, the person has failed to submit the | 6 |
| necessary remittance, the Department shall automatically | 7 |
| terminate the license or deny the application, without hearing. | 8 |
| If, after termination or denial, the person seeks a license, he | 9 |
| or she shall apply to the Department for restoration or | 10 |
| issuance of the license and pay all fees and fines due to the | 11 |
| Department. The Department may establish a fee for the | 12 |
| processing of an application for restoration of a license, | 13 |
| designed to cover all expenses of processing the application. | 14 |
| The Secretary may waive the fines due under this Section in | 15 |
| individual cases where the Secretary finds that the fines would | 16 |
| be unreasonable or unnecessarily burdensome.
| 17 |
| (225 ILCS 84/80)
| 18 |
| (Section scheduled to be repealed on January 1, 2010)
| 19 |
| Sec. 80. Roster of licensees and registrants. The | 20 |
| Department shall
maintain a current roster of the names and | 21 |
| addresses of all licensees,
registrants, and all
persons whose | 22 |
| licenses have been suspended , or revoked , or otherwise | 23 |
| disciplined within the previous year .
This
roster shall be | 24 |
| available upon written request and payment of the required fee.
| 25 |
| (Source: P.A. 91-590, eff. 1-1-00.)
|
|
|
|
09600HB2440sam002 |
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LRB096 10140 ASK 26902 a |
|
| 1 |
| (225 ILCS 84/85)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 85. Practice by corporations. Nothing in this Act | 4 |
| shall restrict
licensees from forming professional service | 5 |
| corporations under and in accordance with the provisions
of the
| 6 |
| Professional Service Corporation Act.
| 7 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 8 |
| (225 ILCS 84/90)
| 9 |
| (Section scheduled to be repealed on January 1, 2010)
| 10 |
| Sec. 90. Grounds for discipline.
| 11 |
| (a) The Department may refuse to issue or renew a license, | 12 |
| or may revoke or
suspend a license, or may suspend, place on | 13 |
| probation, censure, or reprimand a
licensee
or take other | 14 |
| disciplinary or non-disciplinary action as the Department may | 15 |
| deem proper, including, but not limited to, the imposition of | 16 |
| fines not to exceed $10,000 for each violation for one or any | 17 |
| combination of the following:
| 18 |
| (1) Making a material misstatement in furnishing | 19 |
| information to the
Department or the Board.
| 20 |
| (2) Violations of or negligent or intentional | 21 |
| disregard of this Act or
its rules.
| 22 |
| (3) Conviction of, or entry of a plea of guilty or nolo | 23 |
| contendere to any crime that is a felony under the laws of | 24 |
| the United States or any state or territory thereof or that |
|
|
|
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|
| 1 |
| is a misdemeanor of which an essential element is | 2 |
| dishonesty, or any crime that is directly related to the | 3 |
| practice of the profession Conviction of any crime that | 4 |
| under the laws of the United
States or of a state or | 5 |
| territory of the United States is a felony or a
| 6 |
| misdemeanor, an essential element of which is dishonesty, | 7 |
| or of a crime that
is directly related to the practice of | 8 |
| the profession .
| 9 |
| (4) Making a misrepresentation for the purpose of | 10 |
| obtaining a
license.
| 11 |
| (5) A pattern of practice or other behavior that | 12 |
| demonstrates incapacity
or incompetence to practice under | 13 |
| this Act.
| 14 |
| (6) Gross negligence under this Act.
| 15 |
| (7) Aiding or assisting another person in violating a | 16 |
| provision of
this Act or its rules.
| 17 |
| (8) Failing to provide information within 60 days in | 18 |
| response to a
written request made by the Department.
| 19 |
| (9) Engaging in dishonorable, unethical, or | 20 |
| unprofessional conduct
or conduct of a character likely to | 21 |
| deceive, defraud, or harm the public.
| 22 |
| (10) Inability to practice with reasonable judgment, | 23 |
| skill, or safety as a result of habitual or excessive use | 24 |
| or addiction to alcohol, narcotics, stimulants, or any | 25 |
| other chemical agent or drug Habitual intoxication or | 26 |
| addiction to the use of drugs .
|
|
|
|
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|
| 1 |
| (11) Discipline by another state or territory of the | 2 |
| United States, the
federal government, or foreign nation, | 3 |
| if at least one of the grounds for the
discipline is the | 4 |
| same or substantially equivalent to one set forth in this
| 5 |
| Section.
| 6 |
| (12) Directly or indirectly giving to or receiving from | 7 |
| a person,
firm, corporation, partnership, or association a | 8 |
| fee, commission, rebate, or
other form of compensation for | 9 |
| professional services not actually or
personally rendered.
| 10 |
| (13) A finding by the Board that the licensee or | 11 |
| registrant, after
having his or her license placed on | 12 |
| probationary status, has violated the terms
of probation.
| 13 |
| (14) Abandonment of a patient or client.
| 14 |
| (15) Willfully Wilfully making or filing false records | 15 |
| or reports in his or her
practice including, but not | 16 |
| limited to, false records filed with State agencies
or | 17 |
| departments.
| 18 |
| (16) Willfully Wilfully failing to report an instance | 19 |
| of suspected child abuse
or neglect as required by the | 20 |
| Abused and Neglected Child Reporting Act.
| 21 |
| (17) Inability to practice the profession with | 22 |
| reasonable judgment, skill, or safety as a result of a | 23 |
| physical illness, including, but not limited to, | 24 |
| deterioration through the aging process or loss of motor | 25 |
| skill, or a mental illness or disability Physical illness | 26 |
| including, but not limited to, deterioration
through the |
|
|
|
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|
| 1 |
| aging process or loss of motor skill that results in the
| 2 |
| inability
to practice the profession with reasonable | 3 |
| judgement, skill, or safety .
| 4 |
| (18) Solicitation of professional services using false | 5 |
| or misleading
advertising.
| 6 |
| (b) In enforcing this Section, the Department or Board upon | 7 |
| a showing of a possible violation, may compel a licensee or | 8 |
| applicant to submit to a mental or physical examination, or | 9 |
| both, as required by and at the expense of the Department. The | 10 |
| Department or Board may order the examining physician to | 11 |
| present testimony concerning the mental or physical | 12 |
| examination of the licensee or applicant. No information shall | 13 |
| be excluded by reason of any common law or statutory privilege | 14 |
| relating to communications between the licensee or applicant | 15 |
| and the examining physician. The examining physicians shall be | 16 |
| specifically designated by the Board or Department. The | 17 |
| individual to be examined may have, at his or her own expense, | 18 |
| another physician of his or her choice present during all | 19 |
| aspects of this examination. Failure of an individual to submit | 20 |
| to a mental or physical examination, when directed, shall be | 21 |
| grounds for the immediate suspension of his or her license | 22 |
| until the individual submits to the examination if the | 23 |
| Department finds that the refusal to submit to the examination | 24 |
| was without reasonable cause as defined by rule. | 25 |
| In instances in which the Secretary immediately suspends a | 26 |
| person's license for his or her failure to submit to a mental |
|
|
|
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|
| 1 |
| or physical examination, when directed, a hearing on that | 2 |
| person's license must be convened by the Department within 15 | 3 |
| days after the suspension and completed without appreciable | 4 |
| delay. | 5 |
| In instances in which the Secretary otherwise suspends a | 6 |
| person's license pursuant to the results of a compelled mental | 7 |
| or physical examination, a hearing on that person's license | 8 |
| must be convened by the Department within 15 days after the | 9 |
| suspension and completed without appreciable delay. The | 10 |
| Department and Board shall have the authority to review the | 11 |
| subject individual's record of treatment and counseling | 12 |
| regarding the impairment to the extent permitted by applicable | 13 |
| federal statutes and regulations safeguarding the | 14 |
| confidentiality of medical records. | 15 |
| An individual licensed under this Act and affected under | 16 |
| this Section shall be afforded an opportunity to demonstrate to | 17 |
| the Department or Board that he or she can resume practice in | 18 |
| compliance with acceptable and prevailing standards under the | 19 |
| provisions of his or her license. The determination by a | 20 |
| circuit court that a licensee or registrant is
subject
to | 21 |
| involuntary admission or judicial admission, as provided in the | 22 |
| Mental
Health and
Developmental Disabilities Code, operates as | 23 |
| an automatic suspension. The
suspension
will end only upon (i) | 24 |
| a finding by a court that the patient is no longer
subject to
| 25 |
| involuntary admission or judicial admission and the issuance of | 26 |
| a court
order so finding
and discharging the patient and (ii) |
|
|
|
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|
| 1 |
| the recommendation of the Board to
the
Director that the | 2 |
| licensee or registrant be allowed to resume his or her
| 3 |
| practice.
| 4 |
| (c) The Department shall deny a license or renewal | 5 |
| authorized by this Act to a person who has defaulted on an | 6 |
| educational loan or scholarship provided or guaranteed by the | 7 |
| Illinois Student Assistance Commission or any governmental | 8 |
| agency of this State in accordance with subsection (a)(5) of | 9 |
| Section 15 of the Department of Professional Regulation Law of | 10 |
| the Civil Administrative Code of Illinois (20 ILCS | 11 |
| 2105/2105-15). In enforcing this Section, the Department or | 12 |
| Board upon a showing of a
possible violation may compel an | 13 |
| individual licensed to practice under this
Act, or who
has | 14 |
| applied for licensure under this Act, to submit to a mental or | 15 |
| physical
examination, or
both, as required by and at the | 16 |
| expense of the Department. The Department or
Board may
order | 17 |
| the examining physician to present testimony concerning the | 18 |
| mental or
physical
examination of the licensee or applicant. No | 19 |
| information shall be excluded by
reason of
any common law or | 20 |
| statutory privilege relating to communications between the
| 21 |
| licensee
or applicant and the examining physician. The | 22 |
| examining physicians shall be
specifically
designated by the | 23 |
| Board or Department. The individual to be examined may have,
at | 24 |
| his
or her own expense, another physician of his or her choice | 25 |
| present during all aspects of
this examination. The examination | 26 |
| shall be performed by a physician licensed
to practice
medicine |
|
|
|
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| 1 |
| in all its branches. Failure of an individual to submit to a | 2 |
| mental
or physical
examination, when directed, shall be grounds | 3 |
| for suspension of his or her
license until the
individual | 4 |
| submits to the examination if the Department finds, after | 5 |
| notice and
hearing,
that the refusal to submit to the | 6 |
| examination was without reasonable cause.
| 7 |
| If the Department or Board finds an individual unable to | 8 |
| practice because of
the
reasons set forth in this Section, the | 9 |
| Department or Board may require that
individual to
submit to | 10 |
| care, counseling, or treatment by physicians approved or | 11 |
| designated
by the
Department or Board, as a condition, term, or | 12 |
| restriction for continued,
reinstated, or
renewed licensure to | 13 |
| practice; or, in lieu of care, counseling, or treatment,
the | 14 |
| Department
may file, or the Board may recommend to the | 15 |
| Department to file, a complaint to
immediately suspend, revoke, | 16 |
| or otherwise discipline the license of the
individual. An
| 17 |
| individual whose license was granted, continued, reinstated, | 18 |
| renewed,
disciplined or
supervised subject to such terms, | 19 |
| conditions, or restrictions, and who fails to
comply with
such | 20 |
| terms, conditions, or restrictions, shall be referred to the | 21 |
| Director for
a determination
as to whether the individual shall | 22 |
| have his or her license suspended
immediately, pending
a | 23 |
| hearing by the Department.
| 24 |
| In instances in which the Director immediately suspends a | 25 |
| person's license
under
this Section, a hearing on that person's | 26 |
| license must be convened by the
Department
within 15 days after |
|
|
|
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| 1 |
| the suspension and completed without appreciable delay.
The
| 2 |
| Department and Board shall have the authority to review the | 3 |
| subject
individual's record
of treatment and counseling | 4 |
| regarding the impairment to the extent permitted by
applicable | 5 |
| federal statutes and regulations safeguarding the | 6 |
| confidentiality of
medical
records.
| 7 |
| An individual licensed under this Act and affected under | 8 |
| this Section shall
be
afforded an opportunity to demonstrate to | 9 |
| the Department or Board that he or
she can
resume practice in | 10 |
| compliance with acceptable and prevailing standards under
the
| 11 |
| provisions of his or her license.
| 12 |
| (d) In cases where the Department of Healthcare and Family | 13 |
| Services (formerly Department of Public Aid) has previously | 14 |
| determined that a licensee or a potential licensee is more than | 15 |
| 30 days delinquent in the payment of child support and has | 16 |
| subsequently certified the delinquency to the Department, the | 17 |
| Department may refuse to issue or renew or may revoke or | 18 |
| suspend that person's license or may take other disciplinary | 19 |
| action against that person based solely upon the certification | 20 |
| of delinquency made by the Department of Healthcare and Family | 21 |
| Services in accordance with subsection (a)(5) of Section 15 of | 22 |
| the Department of Professional Regulation Law of the Civil | 23 |
| Administrative Code of Illinois (20 ILCS 2105/2105-15). | 24 |
| (e) The Department may refuse to issue or renew a license, | 25 |
| or may revoke or suspend a license, for failure to file a | 26 |
| return, to pay the tax, penalty, or interest shown in a filed |
|
|
|
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| 1 |
| return, or to pay any final assessment of tax, penalty, or | 2 |
| interest as required by any tax Act administered by the | 3 |
| Department of Revenue, until such time as the requirements of | 4 |
| the tax Act are satisfied in accordance with subsection (g) of | 5 |
| Section 15 of the Department of Professional Regulation Law of | 6 |
| the Civil Administrative Code of Illinois (20 ILCS | 7 |
| 2105/2105-15). | 8 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 9 |
| (225 ILCS 84/95)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 95. Injunction; cease and desist order.
| 12 |
| (a) If any person , company, or corporation violates a | 13 |
| provision of this Act, the Secretary Director may, in the
name | 14 |
| of the People of the State of Illinois and through the Attorney | 15 |
| General of
the State
of Illinois or the States Attorney of the | 16 |
| county in which the violation is alleged to have occurred , | 17 |
| petition for an order enjoining the violation or for an order
| 18 |
| enforcing
compliance with this Act. Upon the filing of a | 19 |
| verified petition in court, the
court may
issue a temporary | 20 |
| restraining order, without notice or bond, and may
| 21 |
| preliminarily and
permanently enjoin the violation. If it is | 22 |
| established that the person , company, or corporation has
| 23 |
| violated or
is violating the injunction, the court may punish | 24 |
| the offender for contempt of
court.
Proceedings under this | 25 |
| Section shall be in addition to, and not in lieu of, all
other
|
|
|
|
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| remedies and penalties provided by this Act.
| 2 |
| (b) If a person practices as an orthotist, prosthetist, or | 3 |
| pedorthist or
holds
himself or herself out as an orthotist, | 4 |
| prosthetist, or pedorthist without
being licensed
or | 5 |
| registered under the provisions of this Act, then any other | 6 |
| licensed or
registered
orthotist, prosthetist, or pedorthist, | 7 |
| any interested party, or any person
injured by the
person may, | 8 |
| in addition to the Secretary Director , petition for relief as | 9 |
| provided in
subsection (a)
of this Section.
| 10 |
| (c) If a company or corporation holds itself out to provide | 11 |
| orthotic, prosthetic, or pedorthic services without having an | 12 |
| orthotist, prosthetist, or pedorthist licensed under the | 13 |
| provisions of this Act on its staff to provide those services, | 14 |
| then any other licensed orthotist, prosthetist, or pedorthist | 15 |
| or any interested party or injured person may, in addition to | 16 |
| the Secretary, petition for relief as provided in subsection | 17 |
| (a) of this Section. | 18 |
| (d) Whenever in the opinion of the Department a person , | 19 |
| company, or corporation violates a provision
of this Act, the | 20 |
| Department may issue a rule to show cause why an order to
cease | 21 |
| and
desist should not be entered against him , or her , or it . | 22 |
| The rule shall clearly set
forth the
grounds relied upon by the | 23 |
| Department and shall provide a period of 7 days from
the
date | 24 |
| of the rule to file an answer to the satisfaction of the | 25 |
| Department.
Failure to
answer to the satisfaction of the | 26 |
| Department shall cause an order to cease and
desist to
be |
|
|
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| 1 |
| issued immediately.
| 2 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 3 |
| (225 ILCS 84/100)
| 4 |
| (Section scheduled to be repealed on January 1, 2010)
| 5 |
| Sec. 100. Investigations; notice and hearing. | 6 |
| (a) The Department may
investigate the actions of an | 7 |
| applicant or of a person or persons holding or
claiming to
hold | 8 |
| a license. | 9 |
| (b) The Department may also investigate the actions of a | 10 |
| company or corporation that holds itself out to provide | 11 |
| orthotic, prosthetic, or pedorthic services with or without | 12 |
| having an orthotist, prosthetist, or pedorthist licensed under | 13 |
| the provisions of this Act on its staff to provide those | 14 |
| services. | 15 |
| (c) Before refusing to issue or renew a license or taking | 16 |
| any other disciplinary action with respect to a license , the | 17 |
| Department
shall, at
least 30 10 days prior to the date set for | 18 |
| the hearing, notify in writing the
applicant for or
holder of a | 19 |
| license of the nature of the charges and that a hearing will be
| 20 |
| held on the
date designated. The written notice may be served | 21 |
| by personal delivery or by
certified
or registered mail to the | 22 |
| respondent at the address of record with the Department | 23 |
| disclosed on his or her
last notification to the
Department . At | 24 |
| the time and place fixed in the notice, the Board shall proceed
| 25 |
| to hear
the charges. The parties or their counsel shall be |
|
|
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| 1 |
| afforded ample opportunity
to
present statements, testimony, | 2 |
| evidence, and argument that may be pertinent to
the
charges or | 3 |
| to the defense to the charges. The Board may continue the | 4 |
| hearing
from
time to time.
| 5 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 6 |
| (225 ILCS 84/103 new) | 7 |
| Sec. 103. Subpoenas; depositions; oaths. | 8 |
| (a) The Department has the power to subpoena documents, | 9 |
| books, records, or other materials and to bring before it any | 10 |
| person and to take testimony either orally or by deposition, or | 11 |
| any combination thereof, with the same fees and mileage and in | 12 |
| the same manner as prescribed in civil cases in the courts of | 13 |
| this State. | 14 |
| (b) The Secretary, the designated hearing officer, and | 15 |
| every member of the Board has the power to administer oaths to | 16 |
| witnesses at any hearing that the Department is authorized to | 17 |
| conduct, and any other oaths authorized in any Act administered | 18 |
| by the Department.
| 19 |
| (225 ILCS 84/105)
| 20 |
| (Section scheduled to be repealed on January 1, 2010)
| 21 |
| Sec. 105. Record of proceedings Transcript . The | 22 |
| Department, at its own expense, shall preserve
a
record of all | 23 |
| proceedings at the formal hearing of any a case involving the | 24 |
| refusal
to issue or
renew a license . The notice of hearing, |
|
|
|
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| 1 |
| complaint, and all other documents in
the nature
of pleadings | 2 |
| and written motions filed in the proceedings, the transcripts | 3 |
| transcript of
testimony,
the report of the Board, and orders of | 4 |
| the Department shall be in the record of
the
proceeding.
| 5 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 6 |
| (225 ILCS 84/107 new) | 7 |
| Sec. 107. Unlicensed practice; civil penalty. | 8 |
| (a) Any person who practices, offers to practice, attempts | 9 |
| to practice, or holds oneself out to practice orthotics, | 10 |
| prosthetics, or pedorthics or performs the functions and duties | 11 |
| of orthotist, prosthetist, or pedorthist without being | 12 |
| licensed under this Act shall, in addition to any other penalty | 13 |
| provided by law, pay a civil penalty to the Department in an | 14 |
| amount not to exceed $10,000 for each offense as determined by | 15 |
| the Department. The civil penalty shall be assessed by the | 16 |
| Department after a hearing is held in accordance with the | 17 |
| provisions set forth in this Act regarding the provision of a | 18 |
| hearing for the discipline of a licensee. | 19 |
| (b) Any company or corporation that offers to practice, | 20 |
| attempts to practice, or holds itself out to provide orthotic, | 21 |
| prosthetic, or pedorthic services without having an orthotist, | 22 |
| prosthetist, or pedorthist licensed under the provisions of | 23 |
| this Act on its staff to provide those services shall, in | 24 |
| addition to any other penalty provided by law, pay a civil | 25 |
| penalty to the Department in an amount not to exceed $10,000 |
|
|
|
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| 1 |
| for each offense as determined by the Department. The civil | 2 |
| penalty shall be assessed by the Department after a hearing is | 3 |
| held in accordance with the provisions set forth in this Act | 4 |
| regarding the provision of a hearing for the discipline of a | 5 |
| licensee. | 6 |
| (c) The Department has the authority and power to | 7 |
| investigate any and all unlicensed activity. | 8 |
| (d) The civil penalty shall be paid within 60 days after | 9 |
| the effective date of the order imposing the civil penalty. The | 10 |
| order shall constitute a judgment and may be filed and | 11 |
| execution had thereon in the same manner as any judgment from | 12 |
| any court of record.
| 13 |
| (225 ILCS 84/110)
| 14 |
| (Section scheduled to be repealed on January 1, 2010)
| 15 |
| Sec. 110. Compelling testimony. A circuit court may, upon | 16 |
| application of
the Secretary Director or his or her designee or | 17 |
| the applicant or licensee against whom
proceedings under | 18 |
| Section 100 of this Act are pending, enter an order requiring
| 19 |
| the
attendance of witnesses and their testimony and requiring | 20 |
| the production of
documents,
papers, files, books, and records | 21 |
| in connection with a hearing or
investigation. The
court may | 22 |
| compel obedience to its order through contempt proceedings.
| 23 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 24 |
| (225 ILCS 84/115)
|
|
|
|
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|
| 1 |
| (Section scheduled to be repealed on January 1, 2010)
| 2 |
| Sec. 115. Board findings and recommendations. At the | 3 |
| conclusion of a
hearing, the Board shall present to the | 4 |
| Secretary Director a written report of its
findings and
| 5 |
| recommendations. The report shall contain a finding of whether | 6 |
| or not the
accused person
violated this Act or failed to comply | 7 |
| with the conditions required in this Act.
The
Board shall | 8 |
| specify the nature of the violation or failure to comply and | 9 |
| shall
make its
recommendations to the Secretary Director .
The | 10 |
| report of findings and recommendations of the Board shall be | 11 |
| the basis
for the Department's order for the refusal or for the | 12 |
| granting of a license,
unless the Secretary
Director determines | 13 |
| that the Board report is contrary to the manifest weight of
the
| 14 |
| evidence, in which case the Secretary Director may issue an | 15 |
| order in contravention to the
Board
report. A Board finding is | 16 |
| not admissible in evidence against the person in a
criminal
| 17 |
| prosecution brought for a violation of this Act, but the | 18 |
| hearing and finding
are not a bar
to a criminal prosecution | 19 |
| brought for a violation of this Act.
| 20 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 21 |
| (225 ILCS 84/120)
| 22 |
| (Section scheduled to be repealed on January 1, 2010)
| 23 |
| Sec. 120. Motion for rehearing. In any case involving the | 24 |
| refusal to
issue
or renew a license or the discipline of a | 25 |
| licensee, a copy of the Board's
report shall be
served upon the |
|
|
|
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|
| 1 |
| respondent by the Department, either personally or as provided
| 2 |
| in this
Act for the service of the notice of hearing. Within 20 | 3 |
| days after service,
the
respondent may present to the | 4 |
| Department a motion in writing for a rehearing,
which
shall | 5 |
| specify the particular grounds for rehearing. If no motion for | 6 |
| rehearing
is filed,
then upon the expiration of the time | 7 |
| specified for filing the motion, or if a
motion for
rehearing | 8 |
| is denied, upon the denial, the Secretary Director may enter an | 9 |
| order in
accordance
with recommendations of the Board, except | 10 |
| as provided in Section 115 of this
Act. If
the respondent | 11 |
| orders from the reporting service and pays for a transcript
of | 12 |
| the
record within the time for filing a motion for rehearing, | 13 |
| the 20-day period
within which
the motion may be filed shall | 14 |
| commence upon the delivery of the transcript to
the
respondent.
| 15 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 16 |
| (225 ILCS 84/125)
| 17 |
| (Section scheduled to be repealed on January 1, 2010)
| 18 |
| Sec. 125. Rehearing on order of Secretary Director . | 19 |
| Whenever the Secretary Director is not
satisfied that | 20 |
| substantial justice has been done in the revocation, | 21 |
| suspension,
or refusal
to issue or renew a license the | 22 |
| Secretary Director may order a rehearing by the same or
other
| 23 |
| examiners.
| 24 |
| (Source: P.A. 91-590, eff. 1-1-00.)
|
|
|
|
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|
| 1 |
| (225 ILCS 84/130)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 130. Appointment of hearing officer. The Secretary | 4 |
| Director shall have the
authority to appoint an attorney | 5 |
| licensed to practice law in the State of Illinois to serve
as a | 6 |
| hearing officer in an action for refusal to issue or renew a | 7 |
| license or to discipline a
licensee. The hearing officer shall | 8 |
| have full authority to conduct the hearing. The
hearing officer | 9 |
| shall report his or her findings and recommendations to the
| 10 |
| Board and
the Secretary Director . The Board shall have 60 days | 11 |
| from receipt of the report to review
the
report of the hearing | 12 |
| officer and present its findings of fact, conclusions of
law, | 13 |
| and
recommendations to the Secretary Director . If the Board | 14 |
| fails to present its report
within the 60-day period, the | 15 |
| Secretary Director shall issue an order based on the report
of | 16 |
| the hearing officer.
If the Secretary Director determines that | 17 |
| the Board's report is contrary to the manifest
weight of
the | 18 |
| evidence, he or she may issue an order in contravention of the | 19 |
| Board's
report. Nothing in this Section shall prohibit a Board | 20 |
| member from attending an informal conference and such | 21 |
| participation shall not be grounds for recusal from any other | 22 |
| proceeding.
| 23 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 24 |
| (225 ILCS 84/135)
| 25 |
| (Section scheduled to be repealed on January 1, 2010)
|
|
|
|
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|
| 1 |
| Sec. 135. Order or certified copy. An order or a certified | 2 |
| copy of an
order,
over the seal of the Department and | 3 |
| purporting to be signed by the Secretary Director ,
shall be
| 4 |
| prima facie proof:
| 5 |
| (1) that the signature is the genuine signature of the | 6 |
| Secretary Director ;
| 7 |
| (2) that the Secretary Director is duly appointed and | 8 |
| qualified; and
| 9 |
| (3) that the Board and its members are qualified to act.
| 10 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 11 |
| (225 ILCS 84/150)
| 12 |
| (Section scheduled to be repealed on January 1, 2010)
| 13 |
| Sec. 150. Temporary suspension of a license. The Secretary | 14 |
| Director may
temporarily suspend the license of an orthotist, | 15 |
| prosthetist, or pedorthist
without a
hearing simultaneously | 16 |
| with the institution of proceedings for a hearing
provided for | 17 |
| in
Section 95 of this Act if the Secretary Director finds that | 18 |
| evidence in his or her
possession
indicates that a licensee's | 19 |
| continuation in practice would constitute an
imminent danger
to | 20 |
| the public. If the Secretary Director temporarily suspends a | 21 |
| license without a
hearing, a
hearing by the Board must be held | 22 |
| within 30 days after the suspension and completed without | 23 |
| appreciable delay .
| 24 |
| (Source: P.A. 91-590, eff. 1-1-00.)
|
|
|
|
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|
| 1 |
| (225 ILCS 84/160)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 160. Certifications of record; costs. The Department | 4 |
| shall not be
required to certify any record to the court or | 5 |
| file any answer in court or
otherwise
appear in any court in a | 6 |
| judicial review proceeding unless there is filed in
the court
| 7 |
| with the complaint a receipt from the Department acknowledging | 8 |
| payment of the
costs
of furnishing and certifying the record, | 9 |
| which cost shall be determined by the Department shall be | 10 |
| computed at the rate of
20 cents
per page of the record . | 11 |
| Failure on the part of a plaintiff to file a receipt
in court | 12 |
| shall be
grounds for dismissal of the action.
| 13 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 14 |
| Section 15. The Perfusionist Practice Act is amended by | 15 |
| changing Sections 10, 15, 25, 45, 60, 70, 90, 95, 100, 105, | 16 |
| 115, 120, 140, 145, 150, 170, 180, 185, 200, 220, and 230 and | 17 |
| by adding Sections 75, 93, 135, 142, 155, 212, and 227 as | 18 |
| follows:
| 19 |
| (225 ILCS 125/10)
| 20 |
| (Section scheduled to be repealed on January 1, 2010)
| 21 |
| Sec. 10. Definitions. As used in this Act:
| 22 |
| "Address of Record" means the designated address recorded | 23 |
| by the Department in the applicant's or licensee's application | 24 |
| file or license file maintained by the Department. It is the |
|
|
|
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|
| 1 |
| duty of the applicant or licensee to inform the Department of | 2 |
| any change of address, and such changes must be made either | 3 |
| through the Department's website or by directly contacting the | 4 |
| Department. | 5 |
| "Board" means the Board of Licensing for Perfusionists | 6 |
| Perfusion .
| 7 |
| "Department" means the Department of Financial and | 8 |
| Professional Regulation.
| 9 |
| "Director" means the Director of Professional Regulation.
| 10 |
| "Extracorporeal circulation" means the diversion of a | 11 |
| patient's blood through
a
heart-lung
machine or a similar | 12 |
| device that assumes the functions of the patient's heart,
| 13 |
| lungs, kidney,
liver, or other organs.
| 14 |
| "New graduate perfusionist" means a perfusionist | 15 |
| practicing within a period
of one year since the date of | 16 |
| graduation from a Commission on Accreditation of
Allied Health | 17 |
| Education Programs accredited perfusion education program.
| 18 |
| "Perfusion" means the functions necessary for the support, | 19 |
| treatment,
measurement, or
supplementation of the | 20 |
| cardiovascular systems or
other organs, or a
combination of | 21 |
| those functions, and to ensure the safe management of
| 22 |
| physiologic functions by
monitoring and analyzing the | 23 |
| parameters of the systems under an order and under
the | 24 |
| supervision
of a physician licensed to practice medicine in all | 25 |
| its branches.
| 26 |
| "Perfusionist" means a person, qualified by academic and |
|
|
|
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|
| 1 |
| clinical education,
to operate the
extracorporeal circulation | 2 |
| equipment during any medical situation where it is
necessary to
| 3 |
| support or replace a person's cardiopulmonary, circulatory, or | 4 |
| respiratory
function.
A perfusionist
is responsible for the | 5 |
| selection of appropriate equipment and techniques
necessary | 6 |
| for support,
treatment, measurement, or supplementation of the | 7 |
| cardiopulmonary and
circulatory system of a
patient, including | 8 |
| the safe monitoring, analysis, and treatment of physiologic
| 9 |
| conditions under
an order and under the supervision of a | 10 |
| physician licensed to practice medicine
in all its
branches and | 11 |
| in coordination with a registered professional nurse.
| 12 |
| "Perfusion protocols" means perfusion related policies and | 13 |
| protocols
developed
or approved by
a licensed health facility | 14 |
| or a physician through collaboration with
administrators, | 15 |
| licensed
perfusionists, and other health care professionals.
| 16 |
| "Physician" or "operating physician" means a person | 17 |
| licensed to practice
medicine in all of
its branches under the | 18 |
| Medical Practice Act of 1987.
| 19 |
| "Secretary" means the Secretary of the Department of | 20 |
| Financial and Professional Regulation. | 21 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 22 |
| (225 ILCS 125/15)
| 23 |
| (Section scheduled to be repealed on January 1, 2010)
| 24 |
| Sec. 15. Powers and duties of the Department. Subject to | 25 |
| the provisions of this Act, the Department may:
|
|
|
|
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|
| 1 |
| (a) Pass upon the qualifications of applicants for | 2 |
| licensure by endorsement. The Department shall exercise the | 3 |
| powers and duties prescribed by the
Civil
Administrative Code | 4 |
| of Illinois for the administration of licensing Acts
and shall | 5 |
| exercise any other powers and duties necessary for effectuating
| 6 |
| the purposes of this Act.
| 7 |
| (b) Conduct hearings on proceedings to refuse to issue or | 8 |
| renew a license, or to revoke or suspend a license, or to place | 9 |
| on probation, reprimand, or take any other disciplinary or | 10 |
| non-disciplinary action with regard to a person licensed under | 11 |
| this Act. The Department may adopt rules consistent with
the | 12 |
| provisions of
this Act for its administration and enforcement | 13 |
| and may prescribe
forms that shall be issued in connection with | 14 |
| this Act. The rules may
include but are not limited to | 15 |
| standards and criteria for licensure,
professional conduct, | 16 |
| and discipline.
| 17 |
| (c) Formulate rules required for the administration of this | 18 |
| Act. | 19 |
| (d) Obtain written recommendations from the Board | 20 |
| regarding (i) curriculum content, standards of professional | 21 |
| conduct, formal disciplinary actions, and the formulation of | 22 |
| rules, and (ii) when petitioned by the applicant, opinions | 23 |
| regarding the qualifications of applicants for licensing. | 24 |
| (e) Maintain rosters of the names and address of all | 25 |
| licensees, and all persons whose licenses have been suspended, | 26 |
| revoked, or denied renewal for cause or otherwise disciplined |
|
|
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| 1 |
| within the previous calendar year. These rosters shall be | 2 |
| available upon written request and payment of the required fee | 3 |
| as established by rule. | 4 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 5 |
| (225 ILCS 125/25)
| 6 |
| (Section scheduled to be repealed on January 1, 2010)
| 7 |
| Sec. 25. Board of Licensing for Perfusionists Perfusion . | 8 |
| (a) The Secretary Director shall appoint a Board of | 9 |
| Licensing for Perfusionists which
Perfusion to consist of 5 | 10 |
| persons who shall be appointed by and shall serve in
an | 11 |
| advisory capacity to the Secretary Director . The Board shall be | 12 |
| comprised of 5 persons appointed by the Secretary, who shall | 13 |
| give due consideration to recommendations by members of the | 14 |
| profession of
perfusion and perfusion organizations within the | 15 |
| State. | 16 |
| (b) Two members must hold an active license
to engage in | 17 |
| the practice of perfusion in this State, one member must be a
| 18 |
| physician licensed under the Medical Practice Act of 1987 who | 19 |
| is board
certified in and actively engaged in the practice of | 20 |
| cardiothoracic surgery,
one member must be a licensed | 21 |
| registered professional nurse certified by the
Association of | 22 |
| Operating Room Nurses, and one member must be a member of the
| 23 |
| public who is not licensed under this Act or a similar Act of | 24 |
| another
jurisdiction and who has no connection with the | 25 |
| profession. The initial
appointees who would otherwise be |
|
|
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| 1 |
| required to be licensed perfusionists shall
instead be | 2 |
| individuals who have been practicing perfusion for at least 5 | 3 |
| years
and who are eligible under this Act for licensure as | 4 |
| perfusionists.
| 5 |
| (c) Members shall serve 4-year terms and until their | 6 |
| successors are appointed and
qualified, except that, of the | 7 |
| initial appointments, 2 members shall be
appointed to serve for | 8 |
| 2 years, 2 members shall be appointed to serve for 3
years, and | 9 |
| 1
member shall be appointed to serve for 4 years, and until | 10 |
| their successors are
appointed and qualified. No member shall | 11 |
| be reappointed to the Board for a
term that would cause his or | 12 |
| her continuous service on the Board to be longer
than 8 | 13 |
| consecutive years. | 14 |
| (d) Appointments to fill vacancies shall be made in the
| 15 |
| same manner as original appointments for the unexpired portion | 16 |
| of the vacated
term. Initial terms shall begin upon the | 17 |
| effective date of this Act.
| 18 |
| (e) The Board shall annually elect a chairperson and a | 19 |
| vice-chairperson who shall
preside in the absence of the | 20 |
| chairperson. | 21 |
| (f) Insofar as possible, the licensed professionals | 22 |
| appointed to serve on the Board shall be generally | 23 |
| representative of the occupational and geographical | 24 |
| distribution of licensed professionals within The membership | 25 |
| of the Board should
reasonably reflect representation from the
| 26 |
| various
geographic areas in this State. |
|
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| (g) The Secretary
Director may remove or suspend terminate | 2 |
| the appointment of any member for cause at any time before the | 3 |
| expiration of his or her term. The Secretary shall be the sole | 4 |
| arbiter of cause . | 5 |
| (h) The Secretary Director
may give due consideration to | 6 |
| all recommendations of the Board. | 7 |
| (i) Three A majority of
the Board members currently | 8 |
| appointed shall constitute a quorum. A quorum is required for | 9 |
| all Board decisions. A vacancy in
the membership of the Board | 10 |
| shall not impair the right of a quorum to exercise
the rights | 11 |
| and perform all the duties of the Board. | 12 |
| (j) Except for willful or wanton misconduct, members | 13 |
| Members of the Board shall be immune from liability
have no | 14 |
| liability in any action based upon any disciplinary proceeding | 15 |
| or other
activity performed in good faith as a member of the | 16 |
| Board.
| 17 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 18 |
| (225 ILCS 125/45)
| 19 |
| (Section scheduled to be repealed on January 1, 2010)
| 20 |
| Sec. 45. Application of Act. This Act shall not be | 21 |
| construed to
prohibit the following:
| 22 |
| (1) a person licensed in this State under any other Act | 23 |
| from engaging in
the
practice for which he or
she is licensed;
| 24 |
| (2) a student enrolled in an accredited perfusion education | 25 |
| program from
performing perfusion services if
perfusion |
|
|
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| services performed by
the student:
| 2 |
| (A) are an integral part of the student's course of | 3 |
| study; and
| 4 |
| (B) are performed under the direct supervision of a | 5 |
| licensed
perfusionist who is assigned to
supervise the | 6 |
| student and who is on duty and immediately available in the
| 7 |
| assigned patient care
area;
| 8 |
| (3) a new graduate
from performing perfusion services for a | 9 |
| period of 14 months after the date of his or her graduation | 10 |
| from a perfusion education program that is accredited by the | 11 |
| Commission on Accreditation of Allied Health Education | 12 |
| Programs ,
if perfusion services performed by the new graduate
| 13 |
| perfusionist :
(A) are necessary to fulfill the eligibility | 14 |
| requirements for the ABCP
certification examination required | 15 |
| under subsection (3) of Section 30; and
(B) are performed under | 16 |
| the direct supervision and responsibility of a
licensed | 17 |
| perfusionist or a physician licensed to practice medicine in | 18 |
| all its branches who is assigned to supervise the graduate | 19 |
| perfusionist
and
who is on duty and immediately available in | 20 |
| the assigned patient care area;
| 21 |
| (4) any legally qualified perfusionist employed by the | 22 |
| United States
government from engaging in the practice of | 23 |
| perfusion while in the discharge of
his or her official duties; | 24 |
| or
| 25 |
| (5) one or more licensed perfusionists from forming a | 26 |
| professional service
corporation in accordance with the |
|
|
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| Professional Service Corporation Act.
| 2 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 3 |
| (225 ILCS 125/60)
| 4 |
| (Section scheduled to be repealed on January 1, 2010)
| 5 |
| Sec. 60. Display of license; change of address. (a) The | 6 |
| Department shall issue a perfusionist license to a person | 7 |
| meeting
the application and
qualification requirements of | 8 |
| Section 30 of this Act.
However, a
person is
eligible for one | 9 |
| year from the effective date of this Act to make
application to | 10 |
| the Board and receives a license notwithstanding the
| 11 |
| requirements
of Section 30 of this Act if
the person is | 12 |
| actively engaged in the practice of perfusion consistent with
| 13 |
| applicable law and if the
person has at least 5 years | 14 |
| experience
operating
cardiopulmonary bypass systems during | 15 |
| cardiac surgical cases in a licensed
health care facility
as | 16 |
| the person's primary function between January 1, 1991 and the | 17 |
| effective date
of this Act.
| 18 |
| (b) A licensee shall maintain on file at all times during which | 19 |
| the licensee
provides services in a
health care facility a true | 20 |
| and correct copy of the license certificate in the
appropriate | 21 |
| records of the facility.
| 22 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 23 |
| (225 ILCS 125/70)
| 24 |
| (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. A licensee may renew his or | 5 |
| her license during the month preceding the expiration date of | 6 |
| the license by paying the required fee. It is the | 7 |
| responsibility of the licensee to notify the Department in | 8 |
| writing of a change of address. Renewal shall be conditioned on | 9 |
| paying the required fee
and meeting other requirements as may | 10 |
| be established by rule.
| 11 |
| A licensee who has permitted his or her
license to expire | 12 |
| or
who has had his or her license on inactive status may have | 13 |
| the license
restored by making application to the Department, | 14 |
| by filing proof
acceptable to
the Department of his or her | 15 |
| fitness to have the license restored, and
by
paying the | 16 |
| required fees. Proof of fitness may include sworn evidence
| 17 |
| certifying to active lawful practice in another jurisdiction.
| 18 |
| If the licensee has not maintained an active practice
in
| 19 |
| another jurisdiction satisfactory to the Department, the | 20 |
| Department shall
determine, by an evaluation program | 21 |
| established by rule, his or her
fitness
for restoration of the | 22 |
| license and shall establish procedures and requirements
for
| 23 |
| restoration.
However, a licensee whose license expired while he | 24 |
| or
she
was (1) in federal service on active duty with the Armed | 25 |
| Forces of the United
States or the State Militia called into | 26 |
| service or training or (2) in
training or
education under the |
|
|
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| supervision of the United States before
induction
into the | 2 |
| military service, may have the license restored without paying | 3 |
| any
lapsed
renewal fees if within 2 years after honorable | 4 |
| termination of the
service,
training, or education he or she | 5 |
| furnishes the Department with
satisfactory
evidence to the | 6 |
| effect that he or she has been so engaged and that his
or
her | 7 |
| service, training, or education has been so terminated.
| 8 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 9 |
| (225 ILCS 125/75 new) | 10 |
| Sec. 75. Continuing education. The Department may adopt | 11 |
| rules of continuing education for licensees that require 30 | 12 |
| hours of continuing education per 2 year license renewal cycle. | 13 |
| The rules shall address variances in part or in whole for good | 14 |
| cause, including without limitation temporary illness or | 15 |
| hardship. The Department may approve continuing education | 16 |
| programs offered, provided, and approved by the American Board | 17 |
| of Cardiovascular Perfusion, or its successor agency. The | 18 |
| Department may approve additional continuing education | 19 |
| sponsors. Each licensee is responsible for maintaining records | 20 |
| of his or her completion of the continuing education and shall | 21 |
| be prepared to produce the records when requested by the | 22 |
| Department.
| 23 |
| (225 ILCS 125/90)
| 24 |
| (Section scheduled to be repealed on January 1, 2010)
|
|
|
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| Sec. 90. Fees; deposit of fees and fines. returned checks .
| 2 |
| (a) The Department shall set by rule fees for the | 3 |
| administration of this
Act, including , but not limited to , fees | 4 |
| for initial and renewal licensure and
restoration of a license . | 5 |
| The fees shall be nonrefundable .
| 6 |
| (b) All of the fees and fines collected under this Act | 7 |
| shall be deposited into the
General Professions Dedicated Fund. | 8 |
| The monies deposited into the Fund shall
be appropriated to the | 9 |
| Department for expenses of the Department in the
administration | 10 |
| of this Act.
| 11 |
| (c) A person who delivers a check or other payment to the | 12 |
| Department
that is returned to the Department unpaid by the | 13 |
| financial
institution upon
which it is drawn shall pay to the | 14 |
| Department, in addition to the amount
already owed to the | 15 |
| Department, a fine of $50. The fines imposed by this Section | 16 |
| are in addition to any
other discipline provided under this Act | 17 |
| for unlicensed practice or practice
on a
nonrenewed license.
| 18 |
| The Department shall notify the person that fees and fines | 19 |
| shall be paid
to the Department by certified check or money | 20 |
| order within 30 calendar
days of the notification. If, after | 21 |
| the expiration of 30 days from the date
of the
notification, | 22 |
| the person has failed to submit the necessary remittance, the
| 23 |
| Department shall automatically terminate the license or deny | 24 |
| the
application
without a hearing. If the person seeks a | 25 |
| license after termination or denial,
he
or she shall apply to | 26 |
| the Department for restoration or issuance of the
license
and |
|
|
|
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| pay all fees and fines due to the Department. The Department | 2 |
| may
establish a fee for the processing of an application for | 3 |
| restoration of a
license
to defray the expenses of processing | 4 |
| the application.
The Director may waive the fines due under | 5 |
| this Section in individual
cases if the Director finds that the | 6 |
| fines would be unreasonable or
unnecessarily
burdensome.
| 7 |
| (Source: P.A. 91-580, eff. 1-1-00; 92-146, eff. 1-1-02.)
| 8 |
| (225 ILCS 125/93 new)
| 9 |
| Sec. 93. Returned checks; penalty for insufficient funds. | 10 |
| Any person who delivers a check or other payment to the | 11 |
| Department that is returned to the Department unpaid by the | 12 |
| financial institution upon which it is drawn shall pay to the | 13 |
| Department, in addition to the amount already owed to the | 14 |
| Department, a fine of $50. The fines imposed by this Section | 15 |
| are in addition to any other discipline provided under this Act | 16 |
| prohibiting unlicensed practice or practice on a nonrenewed | 17 |
| license. The Department shall notify the person that payment of | 18 |
| the fees and fines shall be paid to the Department by certified | 19 |
| check or money order within 30 calendar days after | 20 |
| notification. If, after the expiration of 30 days from the date | 21 |
| of the notification, the person has failed to submit the | 22 |
| necessary remittance, the Department shall automatically | 23 |
| terminate the license or deny the application, without hearing. | 24 |
| After such termination of a license or denial of an | 25 |
| application, the same individual may only apply to the |
|
|
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| Department for restoration or issuance of a license after he or | 2 |
| she has paid all fees and fines owed to the Department. The | 3 |
| Department may establish a fee for the processing of an | 4 |
| application for restoration of a license to pay all expenses of | 5 |
| processing this application. The Secretary may waive the fines | 6 |
| due under this Section in individual cases where the Secretary | 7 |
| finds that the fines would be unreasonable or unnecessarily | 8 |
| burdensome.
| 9 |
| (225 ILCS 125/95)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 95. Roster. The Department shall maintain a roster
of | 12 |
| the names and addresses of all licensees and of all
persons | 13 |
| that whose
licenses have been disciplined under this Act . This | 14 |
| roster shall be
available upon written request and payment of | 15 |
| the required fee.
| 16 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 17 |
| (225 ILCS 125/100)
| 18 |
| (Section scheduled to be repealed on January 1, 2010)
| 19 |
| Sec. 100. Unlicensed practice; civil penalty. A person who | 20 |
| practices,
offers to practice, attempts to practice, or holds | 21 |
| himself or herself out to
practice as
a
licensed perfusionist | 22 |
| without being licensed under this Act shall, in addition
to any | 23 |
| other penalty provided by law, pay a civil penalty to the | 24 |
| Department in
an amount not to exceed $10,000 $5,000 for each |
|
|
|
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| 1 |
| offense as determined by the
Department. The civil penalty | 2 |
| shall be assessed by the Department after a
hearing is held in | 3 |
| accordance with the provisions set forth in this Act
regarding | 4 |
| the provision of a hearing for the discipline of a licensee.
| 5 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 6 |
| (225 ILCS 125/105)
| 7 |
| (Section scheduled to be repealed on January 1, 2010)
| 8 |
| Sec. 105. Disciplinary actions. Grounds for disciplinary | 9 |
| action.
| 10 |
| (a) The Department may refuse to issue, renew, or restore a
| 11 |
| license, or may revoke or suspend a license, or may place on
| 12 |
| probation, censure, reprimand, or take other disciplinary or | 13 |
| non-disciplinary
action with regard to a person licensed under | 14 |
| this Act,
including but not limited to the imposition of fines | 15 |
| not to
exceed $10,000 $5,000 for each violation, for any one or | 16 |
| any combination
of the following causes:
| 17 |
| (1) Making a material misstatement in furnishing
| 18 |
| information to the Department.
| 19 |
| (2) Violation Violating a provision of this Act or any | 20 |
| rule its rules promulgated under this Act .
| 21 |
| (3) Conviction of, or entry of a plea of guilty or nolo | 22 |
| contendere to, any crime that is a felony under the laws of | 23 |
| the a United States or any state or territory thereof, or | 24 |
| any crime
jurisdiction of a crime that is a felony or a
| 25 |
| misdemeanor of which , an essential element of which is |
|
|
|
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| 1 |
| dishonesty,
or any of a crime that is directly related to | 2 |
| the practice as
a perfusionist.
| 3 |
| (4) Making a misrepresentation for the purpose of
| 4 |
| obtaining, renewing, or restoring a license.
| 5 |
| (5) Aiding Wilfully aiding or assisting another person | 6 |
| in
violating a provision of this Act or its rules.
| 7 |
| (6) Failing to provide information within 60 days
in | 8 |
| response to a written request made by the Department.
| 9 |
| (7) Engaging in dishonorable, unethical, or
| 10 |
| unprofessional conduct of a character likely to deceive,
| 11 |
| defraud, or harm the public, as defined by rule of the
| 12 |
| Department.
| 13 |
| (8) Discipline by another state, the District of | 14 |
| Columbia, or territory, United States
jurisdiction or a | 15 |
| foreign nation, if at least one of the
grounds for | 16 |
| discipline is the same or substantially
equivalent to those | 17 |
| set forth in this Section.
| 18 |
| (9) Directly or indirectly giving to or receiving
from | 19 |
| a person, firm, corporation, partnership, or
association a | 20 |
| fee, commission, rebate, or other form of
compensation for | 21 |
| professional services not actually or
personally rendered.
| 22 |
| (10) A finding by the Board that the licensee, after
| 23 |
| having his or her license placed on probationary status,
| 24 |
| has violated the terms of probation.
| 25 |
| (11) Wilfully making or filing false records or
reports | 26 |
| in his or her practice, including but not limited
to false |
|
|
|
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| 1 |
| records or reports filed with State agencies or | 2 |
| departments .
| 3 |
| (12) Wilfully making or signing a false statement,
| 4 |
| certificate, or affidavit to induce payment.
| 5 |
| (13) Wilfully failing to report an instance of
| 6 |
| suspected child abuse or neglect as required under the
| 7 |
| Abused and Neglected Child Reporting Act.
| 8 |
| (14) Being named as a perpetrator in an indicated
| 9 |
| report by the Department of Children and Family Services
| 10 |
| under the Abused and Neglected Child Reporting Act and
upon | 11 |
| proof by clear and convincing evidence that the
licensee | 12 |
| has caused a child to be an abused child or
neglected child | 13 |
| as defined in the Abused and Neglected
Child Reporting Act.
| 14 |
| (15) Employment of fraud, deception, or any
unlawful | 15 |
| means in applying for or securing a license as a
| 16 |
| perfusionist.
| 17 |
| (16) Allowing another person to use his or her
license | 18 |
| to practice.
| 19 |
| (17) Failure to report to the Department (A) any
| 20 |
| adverse final action taken against the licensee by
another | 21 |
| licensing jurisdiction,
government agency, law enforcement | 22 |
| agency, or
any court or (B) liability for conduct that | 23 |
| would
constitute grounds for action as set forth in this
| 24 |
| Section.
| 25 |
| (18) Inability to practice the profession with | 26 |
| reasonable judgment, skill or safety as a result of a |
|
|
|
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| physical illness, including but not limited to | 2 |
| deterioration through the aging process or loss of motor | 3 |
| skill, or a mental illness or disability. Habitual | 4 |
| intoxication or addiction to the use
of drugs.
| 5 |
| (19) Inability Physical illness, including but not | 6 |
| limited to
deterioration through the aging process or loss | 7 |
| of motor
skills, which results in the inability to practice | 8 |
| the
profession for which he or she is licensed with
| 9 |
| reasonable judgment, skill, or safety as a result of | 10 |
| habitual or excessive use or addiction to alcohol, | 11 |
| narcotics, stimulants, or any other chemical agent or drug .
| 12 |
| (20) Gross malpractice resulting in permanent injury | 13 |
| or death of a
patient .
| 14 |
| (21) Immoral conduct in the commission of an act | 15 |
| related to the licensee's
practice, including but not | 16 |
| limited to sexual abuse, sexual misconduct,
or sexual | 17 |
| exploitation.
| 18 |
| (22) Violation of
the Health Care Worker Self-Referral | 19 |
| Act.
| 20 |
| (23) Solicitation of business or professional | 21 |
| services, other than permitted advertising. | 22 |
| (24) Conviction of or cash compromise of a charge or | 23 |
| violation of the Illinois Controlled Substances Act. | 24 |
| (25) Gross, willful, or continued overcharging for | 25 |
| professional services, including filing false statements | 26 |
| for collection of fees for which services are not rendered. |
|
|
|
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| 1 |
| (26) Practicing under a false name or, except as | 2 |
| allowed by law, an assumed name. | 3 |
| (27) Violating any provision of this Act or the rules | 4 |
| promulgated under this Act, including, but not limited to, | 5 |
| advertising. | 6 |
| (b) A licensee or applicant who, because of a physical or | 7 |
| mental illness or disability, including, but not limited to, | 8 |
| deterioration through the aging process or loss of motor skill, | 9 |
| is unable to practice the profession with reasonable judgment, | 10 |
| skill, or safety, may be required by the Department to submit | 11 |
| to care, counseling or treatment by physicians approved or | 12 |
| designated by the Department, as a condition, term, or | 13 |
| restriction for continued, reinstated, or renewed licensure to | 14 |
| practice. Submission to care, counseling or treatment as | 15 |
| required by the Department shall not be considered discipline | 16 |
| of the licensee. If the licensee refuses to enter into a care, | 17 |
| counseling or treatment agreement or fails to abide by the | 18 |
| terms of the agreement the Department may file a complaint to | 19 |
| suspend or revoke the license or otherwise discipline the | 20 |
| licensee. The Secretary may order the license suspended | 21 |
| immediately, pending a hearing by the Department. Fines shall | 22 |
| not be assessed in the disciplinary actions involving physical | 23 |
| or mental illness or impairment. The Department may refuse to | 24 |
| issue or may suspend the
license of a person who fails to file | 25 |
| a return, to pay the
tax, penalty, or interest shown in a filed | 26 |
| return, or to pay
a final assessment of the tax, penalty, or |
|
|
|
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| 1 |
| interest as
required by a tax Act administered by the | 2 |
| Department of
Revenue, until the requirements of the tax Act | 3 |
| are satisfied.
| 4 |
| (b-5) The Department may refuse to issue or may suspend, | 5 |
| without a hearing as provided for in the Civil Administrative | 6 |
| Code of Illinois, the license of a person who fails to file a | 7 |
| return, to pay the tax, penalty, or interest shown in a filed | 8 |
| return, or to pay any final assessment of tax, penalty, or | 9 |
| interest as required by any tax Act administered by the | 10 |
| Department of Revenue, until such time as the requirements of | 11 |
| the tax Act are satisfied in accordance with subsection (g) of | 12 |
| Section 15 of the Department of Professional Regulation Law of | 13 |
| the Civil Administrative Code of Illinois (20 ILCS | 14 |
| 2105/2105-15). | 15 |
| (c) The determination by a circuit court that a licensee is | 16 |
| subject to involuntary admission or judicial admission as | 17 |
| provided in the Mental Health and Developmental Disabilities | 18 |
| Code, as amended, operates as an automatic suspension. The | 19 |
| suspension will end only upon a finding by a court that the | 20 |
| licensee is no longer subject to the involuntary admission or | 21 |
| judicial admission and issues an order so finding and | 22 |
| discharging the licensee; and upon the recommendation of the | 23 |
| Board to the Secretary that the licensee be allowed to resume | 24 |
| his or her practice. The determination by a circuit court that | 25 |
| a licensee
is subject to involuntary admission or judicial | 26 |
| admission as
provided in the Mental Health and Developmental |
|
|
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| 1 |
| Disabilities
Code operates as an automatic suspension. The | 2 |
| suspension will
end only upon (1) a finding by a court that the | 3 |
| patient is no
longer subject to involuntary admission or | 4 |
| judicial
admission, (2) issuance of an order so finding and
| 5 |
| discharging the patient, and (3) the recommendation of the | 6 |
| Disciplinary
Board to the Director that the licensee be allowed
| 7 |
| to resume his or her practice. | 8 |
| (d) In enforcing this Section, the Department or Board, | 9 |
| upon a showing of a possible violation, may order a licensee or | 10 |
| applicant to submit to a mental or physical examination, or | 11 |
| both, at the expense of the Department. The Department or Board | 12 |
| may order the examining physician to present testimony | 13 |
| concerning his or her examination of the licensee or applicant. | 14 |
| No information shall be excluded by reason of any common law or | 15 |
| statutory privilege relating to communications between the | 16 |
| licensee or applicant and the examining physician. The | 17 |
| examining physicians shall be specifically designated by the | 18 |
| Board or Department. The licensee or applicant may have, at his | 19 |
| or her own expense, another physician of his or her choice | 20 |
| present during all aspects of the examination. Failure of a | 21 |
| licensee or applicant to submit to any such examination when | 22 |
| directed, without reasonable cause as defined by rule, shall be | 23 |
| grounds for either the immediate suspension of his or her | 24 |
| license or immediate denial of his or her application. | 25 |
| If the Secretary immediately suspends the license of a | 26 |
| licensee for his or her failure to submit to a mental or |
|
|
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| 1 |
| physical examination when directed, a hearing must be convened | 2 |
| by the Department within 15 days after the suspension and | 3 |
| completed without appreciable delay. | 4 |
| If the Secretary otherwise suspends a license pursuant to | 5 |
| the results of the licensee's mental or physical examination, a | 6 |
| hearing must be convened by the Department within 15 days after | 7 |
| the suspension and completed without appreciable delay. The | 8 |
| Department and Board shall have the authority to review the | 9 |
| licensee's record of treatment and counseling regarding the | 10 |
| relevant impairment or impairments to the extent permitted by | 11 |
| applicable federal statutes and regulations safeguarding the | 12 |
| confidentiality of medical records. | 13 |
| Any licensee suspended or otherwise affected under this | 14 |
| subsection (d) shall be afforded an opportunity to demonstrate | 15 |
| to the Department or Board that he or she can resume practice | 16 |
| in compliance with the acceptable and prevailing standards | 17 |
| under the provisions of his or her license.
| 18 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 19 |
| (225 ILCS 125/115)
| 20 |
| (Section scheduled to be repealed on January 1, 2010)
| 21 |
| Sec. 115. Injunctive action; cease Cease and desist order. | 22 |
| (a) If any person violates the provisions of this Act, the | 23 |
| Secretary, in the name of the People of the State of Illinois, | 24 |
| through the Attorney General or the State's Attorney of the | 25 |
| county in which the violation is alleged to have occurred, may |
|
|
|
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| 1 |
| petition for an order enjoining the violation or for an order | 2 |
| enforcing compliance with this Act. Upon the filing of a | 3 |
| verified petition, the court with appropriate jurisdiction may | 4 |
| issue a temporary restraining order, without notice or bond, | 5 |
| and may preliminarily and permanently enjoin the violation. If | 6 |
| it is established that the person has violated or is violating | 7 |
| the injunction, the court may punish the offender for contempt | 8 |
| of court. Proceedings under this Section are in addition to, | 9 |
| and not in lieu of, all other remedies and penalties provided | 10 |
| by this Act. | 11 |
| (b) Whenever, in the opinion of the Department, a person | 12 |
| violates any provision of this Act, the Department may issue a | 13 |
| rule to show cause why an order to cease and desist should not | 14 |
| be entered against that person. The rule shall clearly set | 15 |
| forth the grounds relied upon the Department and shall allow at | 16 |
| least 7 days from the date of the rule to file an answer | 17 |
| satisfactory to the Department. Failure to answer to the | 18 |
| satisfaction of the Department shall cause an order to cease | 19 |
| and desist to be issued.
| 20 |
| (c) If a person practices as a perfusionist or holds | 21 |
| himself or herself out as a perfusionist without being licensed | 22 |
| under this Act, then any licensee under this Act, interested | 23 |
| party, or person injured thereby, in addition to the Secretary | 24 |
| or State's Attorney, may petition for relief as provided in | 25 |
| subsection (a) of this Section. | 26 |
| (a) If a person violates a provision of this Act, the
|
|
|
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| 1 |
| Director, in the name of the People of the State of
Illinois | 2 |
| through the Attorney General of the State of
Illinois, or the | 3 |
| State's Attorney of a county in which the
violation occurs, may | 4 |
| petition for an order enjoining the
violation or for an order | 5 |
| enforcing compliance with this Act.
Upon the filing of a | 6 |
| verified petition in court, the court
may issue a temporary | 7 |
| restraining order without notice or
bond and may preliminarily | 8 |
| and permanently enjoin the
violation. If it is established that | 9 |
| the licensee has
violated or is violating the injunction, the | 10 |
| court may punish
the offender for contempt of court. | 11 |
| Proceedings under this
Section shall be in addition to, and not | 12 |
| in lieu of, all
other remedies and penalties provided by this | 13 |
| Act.
| 14 |
| (b) If a person practices as a perfusionist
or
holds | 15 |
| himself or herself out as a perfusionist
without
being licensed | 16 |
| under this Act, then any licensee under this Act,
interested
| 17 |
| party, or person injured thereby, in
addition to the Director | 18 |
| or State's Attorney, may
petition for relief as provided in | 19 |
| subsection (a) of this
Section.
| 20 |
| (c) If the Department determines that a person violated a
| 21 |
| provision of this Act, the Department may issue a rule to show
| 22 |
| cause why an order to cease and desist should not be entered
| 23 |
| against him or her. The rule shall clearly set forth the
| 24 |
| grounds relied upon by the Department and shall provide a | 25 |
| period
of 7 days from the date of the rule to file an answer to | 26 |
| the
satisfaction of the Department. Failure to answer to the
|
|
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| 1 |
| satisfaction of the Department shall cause an order to cease | 2 |
| and
desist to be issued immediately.
| 3 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 4 |
| (225 ILCS 125/120)
| 5 |
| (Section scheduled to be repealed on January 1, 2010)
| 6 |
| Sec. 120. Investigation; notice; hearing. The Department | 7 |
| may Licenses may be refused,
revoked, suspended,
or otherwise | 8 |
| disciplined in the manner provided by this Act and not | 9 |
| otherwise.
The Department may upon its own motion and shall | 10 |
| upon the verified complaint
in
writing of any person setting | 11 |
| forth facts that if proven would constitute
grounds for refusal | 12 |
| to issue or for suspension or revocation under this Act,
| 13 |
| investigate
the
actions of any applicant or any a person | 14 |
| applying for, holding , or claiming to hold a perfusionist | 15 |
| license. The
Department shall, before refusing to issue or | 16 |
| renew, suspending, or revoking a
license or taking other | 17 |
| discipline pursuant to Section 105 of
this Act, and at
least 30 | 18 |
| days prior to the date set for the hearing, (i) notify in | 19 |
| writing the
applicant or licensee of any charges made and the | 20 |
| time and the place for the hearing on the charges, (ii) direct | 21 |
| him or her to file a written answer to the charges with the | 22 |
| Board under oath within 20 days after the service on him or her | 23 |
| of the notice, and , shall direct afford
the applicant or | 24 |
| licensee an opportunity to be heard in person or by counsel in
| 25 |
| reference to the charges, and direct the applicant or licensee |
|
|
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| 1 |
| to file a
written
answer to the Department under oath within 20 | 2 |
| days after the service on him or her of the
notice and (iii) | 3 |
| inform the accused applicant or licensee that , if he or she | 4 |
| fails to failure to file an answer , will
result in default will | 5 |
| be being taken against him or her or the applicant or licensee | 6 |
| and that his or her the
license may be suspended, revoked, or | 7 |
| placed on probationary status, or other
disciplinary action may | 8 |
| be
taken with regard to the licensee , including limiting the | 9 |
| scope, nature, or extent of practice, as the Department
| 10 |
| Director may consider deem proper. At the time and place fixed | 11 |
| in the notice, the Board shall proceed to hear the charges, and | 12 |
| the parties or their counsel shall be accorded ample | 13 |
| opportunity to present any pertinent statements, testimony, | 14 |
| evidence, and arguments. The Board may continue the hearing | 15 |
| from time to time. In case Written notice may be served by | 16 |
| personal delivery
to the applicant or licensee or by mailing | 17 |
| the notice by certified mail to
his or her last known place of | 18 |
| residence or to the place of business last
specified by the | 19 |
| applicant or licensee in his or her last notification
to
the | 20 |
| Department. If the person , after receiving the notice, fails to | 21 |
| file an answer after receiving
notice , his or her license may, | 22 |
| in the discretion of the Department, be
suspended, revoked, or | 23 |
| placed on probationary status or the Department may take
| 24 |
| whatever disciplinary action it considers deemed 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 |
|
|
|
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| 1 |
| act or acts charged constitute sufficient grounds for such
| 2 |
| action under this Act. The written notice may be served by | 3 |
| personal delivery or by certified mail to the address of record | 4 |
| or the address specified by the accused in his or her last | 5 |
| communication with the Department. At the time and place fixed | 6 |
| in the notice, the
Department shall proceed to a hearing of the | 7 |
| charges and both the applicant or
licensee
and the complainant | 8 |
| shall be afforded ample opportunity to present, in person
or by | 9 |
| counsel, any statements, testimony, evidence, and arguments | 10 |
| that may be
pertinent to the charges or to their defense. The | 11 |
| Department may continue a
hearing from time to time.
If the | 12 |
| Board is not sitting at the time and place fixed in the notice | 13 |
| or
at the time and place to which the hearing shall have been | 14 |
| continued, the
Department may continue the hearing for a period | 15 |
| not to exceed 30 days.
| 16 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 17 |
| (225 ILCS 125/135 new) | 18 |
| Sec. 135. Certification of record; costs. The Department | 19 |
| shall not be required to certify any record to the court, to | 20 |
| file an answer in court, or to otherwise appear in any court in | 21 |
| a judicial review proceeding unless there is filed in the | 22 |
| court, with the complaint, a receipt from the Department | 23 |
| acknowledging payment of the costs of furnishing and certifying | 24 |
| the record, which costs shall be determined by the Department. | 25 |
| The court may dismiss the action if the plaintiff fails to file |
|
|
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| 1 |
| such receipt.
| 2 |
| (225 ILCS 125/140)
| 3 |
| (Section scheduled to be repealed on January 1, 2010)
| 4 |
| Sec. 140. Subpoena; oaths. The Department has the power
to | 5 |
| subpoena documents, books, records or other materials and to | 6 |
| bring before it any person in this State and
to take testimony | 7 |
| either orally or by deposition, with the same fees
and mileage | 8 |
| and in the same manner as is prescribed by law in
judicial | 9 |
| proceedings in civil cases in circuit courts of this
State.
The | 10 |
| Secretary, the designated hearing officer, and any Board member | 11 |
| has the power to administer oaths to witnesses at any hearing | 12 |
| that the Department is authorized to conduct, and any other | 13 |
| oaths authorized in any Act administered by the Department. The | 14 |
| Director and any Disciplinary Board member designated by
the | 15 |
| Director shall each have the authority to administer, at any | 16 |
| hearing that
the
Department is authorized to conduct under this | 17 |
| Act, oaths to witnesses and any
other oaths authorized to be | 18 |
| administered by the Department under this
Act.
| 19 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 20 |
| (225 ILCS 125/142 new) | 21 |
| Sec. 142. Compelling testimony. Any circuit court, upon | 22 |
| application of the Department or designated hearing officer may | 23 |
| enter an order requiring the attendance of witnesses and their | 24 |
| testimony, and the production of documents, papers, files, |
|
|
|
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|
| 1 |
| books, and records in connection with any hearing or | 2 |
| investigation. The court may compel obedience to its order by | 3 |
| proceedings for contempt.
| 4 |
| (225 ILCS 125/145)
| 5 |
| (Section scheduled to be repealed on January 1, 2010)
| 6 |
| Sec. 145. Findings of fact and recommendations . At the | 7 |
| conclusion of the
hearing, the Board shall present to the | 8 |
| Secretary Director a
written report of its findings of fact, | 9 |
| conclusions of law,
and recommendations. The In the report , the | 10 |
| Board shall contain make a
finding of whether or not the | 11 |
| accused person charged licensee or applicant violated a
| 12 |
| provision of this Act or its rules . The Board and shall specify | 13 |
| the the
nature of any violations the violation or failure to | 14 |
| comply and shall make its recommendations to the Secretary . In | 15 |
| making its recommendations for disciplinary action
discipline , | 16 |
| the Board may take into consideration all facts
and | 17 |
| circumstances bearing upon the reasonableness of the
conduct of | 18 |
| the accused respondent and the potential for future harm
to the | 19 |
| public, including but not limited to previous
discipline of | 20 |
| that respondent by the Department, intent, degree
of harm to | 21 |
| the public and likelihood of harm in the future,
any | 22 |
| restitution made, and whether the incident or incidents
| 23 |
| complained of appear to be isolated or a pattern of conduct.
In | 24 |
| making its recommendations for discipline, the Board shall
seek | 25 |
| to ensure that the severity of the discipline
recommended bears |
|
|
|
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| 1 |
| some reasonable relationship to the
severity of the violation.
| 2 |
| The report of findings of fact, conclusions of law, and | 3 |
| recommendation of the Board shall be the basis for the | 4 |
| Department's order refusing to issue, restore, or renew a | 5 |
| license, or otherwise disciplining a licensee. If the Secretary | 6 |
| disagrees with the recommendations of the Board, the Secretary | 7 |
| may issue an order in contravention of the Board | 8 |
| recommendations. The finding is not admissible in evidence | 9 |
| against the person in a criminal prosecution brought for a | 10 |
| violation of this Act, but the hearing and finding are not a | 11 |
| bar to a criminal prosecution brought for a violation of this | 12 |
| Act. | 13 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 14 |
| (225 ILCS 125/150)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 150. Board Service of report ; rehearing. At the | 17 |
| conclusion of the hearing, a copy of the Board's report shall | 18 |
| be served upon the applicant or licensee by the Department, | 19 |
| either personally or as provided in this act for the service of | 20 |
| a notice of hearing. In a case involving the refusal
to
issue
| 21 |
| or renew a license or the discipline of a licensee, a copy of | 22 |
| the
Board's report shall be served upon the respondent by the
| 23 |
| Department, either personally or as provided under Section 120 | 24 |
| of this Act
for
the service of the notice of hearing. Within 20 | 25 |
| days after
the service, the applicant or licensee respondent |
|
|
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|
| 1 |
| may present to the Department a
motion in writing for a | 2 |
| rehearing, which shall specify
the particular grounds for a | 3 |
| rehearing. The Department may respond to the motion for | 4 |
| rehearing within 20 days after its service on the Department. | 5 |
| If no motion for rehearing
is filed, then upon the expiration | 6 |
| of the specified time time specified for
filing such a the | 7 |
| motion, or if a motion for rehearing is denied,
then upon the | 8 |
| denial the Secretary Director may enter an order in
accordance | 9 |
| with recommendations of the Board,
except as provided in | 10 |
| Section 160 or 165 of this Act. If
the applicant or licensee | 11 |
| respondent orders a transcript of the record from the reporting | 12 |
| service
and
pays for the transcript of the record within the | 13 |
| time for filing
a motion for rehearing, the 20-day period | 14 |
| within which such a
motion may be filed shall commence upon the | 15 |
| delivery of the
transcript to the applicant or licensee | 16 |
| respondent .
| 17 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 18 |
| (225 ILCS 125/155 new) | 19 |
| Sec. 155. Secretary; rehearing. Whenever the Secretary | 20 |
| believes that substantial justice has not been done in the | 21 |
| revocation or suspension of a license, or refusal to issue, | 22 |
| restore, or renew a license, or other discipline of an | 23 |
| applicant or licensee, the Secretary may order a rehearing by | 24 |
| the same or another examiner.
|
|
|
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|
| 1 |
| (225 ILCS 125/170)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 170. Hearing officer. The Secretary Notwithstanding | 4 |
| the
provisions of Section 120 of this Act, the Director shall | 5 |
| have the authority
to
appoint an attorney
licensed to practice | 6 |
| law in this State to serve as the
hearing officer in any action | 7 |
| for refusal to issue, restore, or renew a license or to | 8 |
| discipline a licensee a hearing authorized under Section 120 of | 9 |
| this Act .
The Director shall notify the Board of an
| 10 |
| appointment. The hearing officer shall have full authority
to | 11 |
| conduct the hearing. A Board member or members may attend the | 12 |
| hearing The Board has the right to have at
least one member | 13 |
| present at a hearing conducted by a hearing
officer appointed | 14 |
| under this Section . The hearing officer
shall report his or her | 15 |
| findings of fact, conclusions of law,
and recommendations to | 16 |
| the Board and the Director .
The Board shall have 60 days from | 17 |
| receipt of the report to
review the report of the hearing | 18 |
| officer and to present its
findings of fact, conclusions of | 19 |
| law, and recommendations to
the Secretary and to all parties to | 20 |
| the proceeding Director . If the Board fails to present its
| 21 |
| report within the 60-day period, the respondent may request in | 22 |
| writing a direct appeal to the Secretary, in which case the | 23 |
| Secretary shall, within 7 calendar days after such request, | 24 |
| issue an order directing the Board to issue its findings of | 25 |
| fact, conclusions of law, and recommendations to the Secretary | 26 |
| within 30 calendar days of such order. If the Board fails to |
|
|
|
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|
| 1 |
| issue its findings of fact, conclusions of law, and | 2 |
| recommendations within that time frame to the Secretary after | 3 |
| the entry of such order, the Secretary shall, within 30 | 4 |
| calendar days thereafter, issue an order based upon the report | 5 |
| of the hearing officer and the record of the proceedings in | 6 |
| accordance with such order. If (i) a direct appeal is | 7 |
| requested, (ii) the Board fails to issue its findings of fact, | 8 |
| conclusions of law, and recommendations within its 30-day | 9 |
| mandate from the Secretary or the Secretary fails to order the | 10 |
| Board to do so, and (iii) the Secretary fails to issue an order | 11 |
| within 30 calendar days thereafter, then the hearing officer's | 12 |
| report is deemed accepted and a final decision of the | 13 |
| Secretary. Notwithstanding the foregoing, should the | 14 |
| Secretary, upon review, determine that substantial justice has | 15 |
| not been done in the revocation, suspension, or refusal to | 16 |
| issue or renew a license, or other disciplinary action taken | 17 |
| per the result of the entry of such hearing officer's report, | 18 |
| the Secretary may order a rehearing by the same or another | 19 |
| examiner. the Director shall
issue an order based on the report | 20 |
| of the hearing officer .
If the Secretary Director disagrees in | 21 |
| any regard with the recommendation
report of the Board or | 22 |
| hearing officer, he or she may issue
an order in contravention | 23 |
| of the recommendation report . The
Director shall provide a | 24 |
| written explanation to the Board on
a deviation from the | 25 |
| Board's report and shall specify with
particularity the reasons | 26 |
| for his or her deviation in the
final order.
|
|
|
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|
| 1 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 2 |
| (225 ILCS 125/180)
| 3 |
| (Section scheduled to be repealed on January 1, 2010)
| 4 |
| Sec. 180. Order or certified copy ; prima facie proof. An | 5 |
| order or a
certified copy of an order, over the seal of the | 6 |
| Department and
purporting to be signed by the Secretary | 7 |
| Director , shall be
prima facie proof that:
| 8 |
| (1) the signature is the genuine signature of the
| 9 |
| Secretary Director ;
| 10 |
| (2) the Secretary Director is duly appointed and
| 11 |
| qualified; and
| 12 |
| (3) the Board and its members are qualified to act.
| 13 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 14 |
| (225 ILCS 125/185)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 185. Restoration of a suspended or revoked license. At | 17 |
| any time after
the successful completion of a term of | 18 |
| suspension or revocation of a license, the Department may
| 19 |
| restore it to the licensee upon written recommendation of the | 20 |
| Board unless, after an investigation and
a hearing, the Board | 21 |
| Department determines that restoration is not in
the public | 22 |
| interest. Where circumstances of suspension or
revocation so | 23 |
| indicate, or on the recommendation of the
Board, the Department | 24 |
| may require an examination of the licensee
before restoring his |
|
|
|
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|
| 1 |
| or her license.
| 2 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 3 |
| (225 ILCS 125/200)
| 4 |
| (Section scheduled to be repealed on January 1, 2010)
| 5 |
| Sec. 200. Summary Temporary suspension of a license . The | 6 |
| Secretary
Director may summarily temporarily suspend the | 7 |
| license of a perfusionist
without a
hearing, simultaneously | 8 |
| with the
institution of proceedings for a hearing provided for | 9 |
| in
Section 120 of this Act, if the Secretary Director finds
| 10 |
| that evidence in the Secretary's his or her possession | 11 |
| indicates that
continuation in practice would constitute an | 12 |
| imminent danger
to the public. In the event If the Secretary | 13 |
| Director temporarily suspends
a license of a licensed | 14 |
| perfusionist without a hearing, a hearing must be commenced by | 15 |
| the Department shall be
held within 30 days after the | 16 |
| suspension has occurred and
shall be concluded as expeditiously | 17 |
| as may be practical without appreciable delay .
| 18 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 19 |
| (225 ILCS 125/212 new) | 20 |
| Sec. 212. Violations. Any person who violates any provision | 21 |
| of this Act shall be guilty of a Class A misdemeanor for a | 22 |
| first offense and a Class 4 felony for each subsequent offense.
| 23 |
| (225 ILCS 125/220)
|
|
|
|
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|
| 1 |
| (Section scheduled to be repealed on January 1, 2010)
| 2 |
| Sec. 220. Unlicensed practice; civil penalties.
| 3 |
| (a) No person shall practice, offer to practice, attempt to | 4 |
| practice,
or hold
himself or herself out to practice as a
| 5 |
| perfusionist without a
license
issued
by the Department to that | 6 |
| person under this Act.
| 7 |
| (b) In addition to any other penalty provided by law, a | 8 |
| person who
violates subsection (a) of this Section shall pay a | 9 |
| civil penalty to the
Department
in an amount not to exceed | 10 |
| $10,000 $5,000 for each offense as determined by the
| 11 |
| Department. The civil penalty shall be assessed by the | 12 |
| Department after a
hearing is held in accordance with the | 13 |
| provisions of set forth in this Act
regarding a hearing for the | 14 |
| discipline of a licensee .
| 15 |
| (c) The Department has the authority and power to
| 16 |
| investigate any and all unlicensed activity.
| 17 |
| (d) The civil penalty assessed under this Act shall be paid | 18 |
| within 60 days
after the effective date
of
the order imposing | 19 |
| the civil penalty. The order shall constitute a judgment
and
| 20 |
| may be filed and execution had thereon on the judgment in the | 21 |
| same manner as a
judgment from a court of record.
| 22 |
| (e) All moneys collected under this Section shall be | 23 |
| deposited into the General Professions Dedicated Fund. | 24 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 25 |
| (225 ILCS 125/227 new) |
|
|
|
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LRB096 10140 ASK 26902 a |
|
| 1 |
| Sec. 227. Consent Order. At any point in the proceedings as | 2 |
| provided in Sections 85 through 130 and Section 150, both | 3 |
| parties may agree to a negotiated consent order. The consent | 4 |
| order shall be final upon signature of the Secretary.
| 5 |
| (225 ILCS 125/230)
| 6 |
| (Section scheduled to be repealed on January 1, 2010)
| 7 |
| Sec. 230. Home rule powers. The regulation and licensing of
| 8 |
| perfusionists are exclusive powers and functions of the State.
| 9 |
| A home rule unit
shall not regulate or license perfusionists.
| 10 |
| This Section is a denial and
limitation under
subsection (h) of | 11 |
| Section 6 of Article VII of the Illinois Constitution.
| 12 |
| (Source: P.A. 91-580, eff. 1-1-00.)
| 13 |
| (225 ILCS 84/56 rep.)
| 14 |
| (225 ILCS 84/65 rep.)
| 15 |
| Section 20. The Orthotics, Prosthetics, and Pedorthics | 16 |
| Practice Act is amended by repealing Sections 56 and 65.
| 17 |
| (225 ILCS 125/20 rep.)
| 18 |
| (225 ILCS 125/42 rep.)
| 19 |
| (225 ILCS 125/110 rep.)
| 20 |
| (225 ILCS 125/130 rep.)
| 21 |
| (225 ILCS 125/160 rep.)
| 22 |
| (225 ILCS 125/175 rep.)
| 23 |
| (225 ILCS 125/205 rep.) |
|
|
|
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LRB096 10140 ASK 26902 a |
|
| 1 |
| Section 25. The Perfusionist Practice Act is amended by | 2 |
| repealing Sections 20, 42, 110, 130, 160, 175, and 205.
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.".
|
|