Illinois General Assembly - Full Text of HB2450
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Full Text of HB2450  103rd General Assembly




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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.34 and 4.39 as follows:
6    (5 ILCS 80/4.34)
7    Sec. 4.34. Acts and Section repealed on January 1, 2024.
8The following Acts and Section of an Act are repealed on
9January 1, 2024:
10        The Crematory Regulation Act.
11        The Electrologist Licensing Act.
12        The Illinois Certified Shorthand Reporters Act of
13    1984.
14        The Illinois Occupational Therapy Practice Act.
15        The Illinois Public Accounting Act.
16        The Private Detective, Private Alarm, Private
17    Security, Fingerprint Vendor, and Locksmith Act of 2004.
18        The Registered Surgical Assistant and Registered
19    Surgical Technologist Title Protection Act.
20        Section 2.5 of the Illinois Plumbing License Law.
21        The Veterinary Medicine and Surgery Practice Act of
22    2004.
23(Source: P.A. 102-291, eff. 8-6-21.)



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1    (5 ILCS 80/4.39)
2    Sec. 4.39. Acts repealed on January 1, 2029 and December
331, 2029.
4    (a) The following Act is repealed on January 1, 2029:
5        The Environmental Health Practitioner Licensing Act.
6        The Registered Surgical Assistant and Registered
7    Surgical Technologist Title Protection Act.
8    (b) The following Act is repealed on December 31, 2029:
9        The Structural Pest Control Act.
10(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
11101-81, eff. 7-12-19.)
12    Section 10. The Registered Surgical Assistant and
13Registered Surgical Technologist Title Protection Act is
14amended by changing Sections 10, 20, 30, 75, 85, 110, 115, 120,
15and 150 and by adding Section 12 as follows:
16    (225 ILCS 130/10)
17    (Section scheduled to be repealed on January 1, 2024)
18    Sec. 10. Definitions. As used in this Act:
19    "Address of record" means the designated address recorded
20by the Department in the applicant's or registrant's
21application file or registration file as maintained by the
22Department's licensure maintenance unit. It is the duty of the
23applicant or registrant to inform the Department of any change



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1of address and those changes must be made either through the
2Department's website or by contacting the Department.
3    "Department" means the Department of Financial and
4Professional Regulation.
5    "Direct supervision" means supervision by a licensed
6physician, licensed podiatric physician, or licensed dentist
7who is physically present and who personally directs delegated
8acts and remains available to personally respond to an
9emergency until the patient is released from the operating
10room. A registered professional nurse may also provide direct
11supervision within the scope of his or her license. A
12registered surgical assistant or registered surgical
13technologist shall perform duties as assigned.
14    "Email address of record" means the designated email
15address recorded by the Department in the applicant's
16application file or the licensee's license file, as maintained
17by the Department's licensure maintenance unit.
18    "Physician" means a person licensed to practice medicine
19in all of its branches under the Medical Practice Act of 1987.
20    "Registered surgical assistant" means a person who (i) is
21not licensed to practice medicine in all of its branches, (ii)
22is certified by the National Surgical Assistant Association as
23a Certified Surgical Assistant, the National Board of Surgical
24Technology and Surgical Assisting as a Certified Surgical
25First Assistant, or the American Board of Surgical Assistants
26as a Surgical Assistant-Certified, (iii) performs duties under



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1direct supervision, (iv) provides services only in a licensed
2hospital, ambulatory treatment center, or office of a
3physician licensed to practice medicine in all its branches,
4and (v) is registered under this Act.
5    "Registered surgical technologist" means a person who (i)
6is not a physician licensed to practice medicine in all of its
7branches, (ii) is certified by the National Board for Surgical
8Technology and Surgical Assisting, (iii) performs duties under
9direct supervision, (iv) provides services only in a licensed
10hospital, ambulatory treatment center, or office of a
11physician licensed to practice medicine in all its branches,
12and (v) is registered under this Act.
13    "Secretary" means the Secretary of Financial and
14Professional Regulation.
15(Source: P.A. 98-214, eff. 8-9-13; 98-364, eff. 12-31-13;
1698-756, eff. 7-16-14.)
17    (225 ILCS 130/12 new)
18    Sec. 12. Address of record; email address of record. All
19applicants and registrants shall:
20        (1) provide a valid address and email address to the
21    Department, which shall serve as the address of record and
22    email address of record, respectively, at the time of
23    application for registration or renewal of a registration;
24    and
25        (2) inform the Department of any change of address of



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1    record or email address of record within 14 days after
2    such change, either through the Department's website or by
3    contacting the Department's licensure maintenance unit.
4    (225 ILCS 130/20)
5    (Section scheduled to be repealed on January 1, 2024)
6    Sec. 20. Illinois Administrative Procedure Act. The
7Illinois Administrative Procedure Act is expressly adopted and
8incorporated in this Act as if all of the provisions of the
9Illinois Administrative Procedure Act were included in this
10Act, except that the provision of subsection (d) of Section
1110-65 of the Illinois Administrative Procedure Act that
12provides that at hearings the registrant has the right to show
13compliance with all lawful requirements for retention,
14continuation, or renewal of the registration is specifically
15excluded. For purposes of this Act, the notice required under
16Section 10-25 of the Illinois Administrative Procedure Act is
17deemed sufficient when mailed to the registrant's address of
18record or email address of record.
19(Source: P.A. 98-364, eff. 12-31-13.)
20    (225 ILCS 130/30)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 30. Social Security Number or individual taxpayer
23identification number on registration application. In addition
24to any other information required to be contained in the



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1application, every application for an original certificate of
2registration under this Act shall include the applicant's
3Social Security Number or individual taxpayer identification
4number, which shall be retained in the agency's records
5pertaining to the registration. As soon as practical, the
6Department shall assign a customer's identification number to
7each applicant for a registration.
8    Every application for a renewed, reinstated, or restored
9registration shall require the applicant's customer
10identification number.
11(Source: P.A. 97-400, eff. 1-1-12; 98-364, eff. 12-31-13.)
12    (225 ILCS 130/75)
13    (Section scheduled to be repealed on January 1, 2024)
14    Sec. 75. Grounds for disciplinary action.
15    (a) The Department may refuse to issue, renew, or restore
16a registration, may revoke or suspend a registration, or may
17place on probation, reprimand, or take other disciplinary or
18non-disciplinary action with regard to a person registered
19under this Act, including, but not limited to, the imposition
20of fines not to exceed $10,000 for each violation and the
21assessment of costs as provided for in Section 90, for any one
22or combination of the following causes:
23        (1) Making a material misstatement in furnishing
24    information to the Department.
25        (2) Violating a provision of this Act or rules adopted



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1    under this Act.
2        (3) Conviction by plea of guilty or nolo contendere,
3    finding of guilt, jury verdict, or entry of judgment or by
4    sentencing of any crime, including, but not limited to,
5    convictions, preceding sentences of supervision,
6    conditional discharge, or first offender probation, under
7    the laws of any jurisdiction of the United States that is
8    (i) a felony or (ii) a misdemeanor, an essential element
9    of which is dishonesty, or that is directly related to the
10    practice of the profession.
11        (4) Fraud or misrepresentation in applying for,
12    renewing, restoring, reinstating, or procuring a
13    registration under this Act.
14        (5) Aiding or assisting another person in violating a
15    provision of this Act or its rules.
16        (6) Failing to provide information within 60 days in
17    response to a written request made by the Department.
18        (7) Engaging in dishonorable, unethical, or
19    unprofessional conduct of a character likely to deceive,
20    defraud, or harm the public, as defined by rule of the
21    Department.
22        (8) Discipline by another United States jurisdiction,
23    governmental agency, unit of government, or foreign
24    nation, if at least one of the grounds for discipline is
25    the same or substantially equivalent to those set forth in
26    this Section.



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1        (9) Directly or indirectly giving to or receiving from
2    a person, firm, corporation, partnership, or association a
3    fee, commission, rebate, or other form of compensation for
4    professional services not actually or personally rendered.
5    Nothing in this paragraph (9) affects any bona fide
6    independent contractor or employment arrangements among
7    health care professionals, health facilities, health care
8    providers, or other entities, except as otherwise
9    prohibited by law. Any employment arrangements may include
10    provisions for compensation, health insurance, pension, or
11    other employment benefits for the provision of services
12    within the scope of the registrant's practice under this
13    Act. Nothing in this paragraph (9) shall be construed to
14    require an employment arrangement to receive professional
15    fees for services rendered.
16        (10) A finding by the Department that the registrant,
17    after having the his or her registration placed on
18    probationary status, has violated the terms of probation.
19        (11) Willfully making or filing false records or
20    reports in the his or her practice, including, but not
21    limited to, false records or reports filed with State
22    agencies.
23        (12) Willfully making or signing a false statement,
24    certificate, or affidavit to induce payment.
25        (13) Willfully failing to report an instance of
26    suspected child abuse or neglect as required under the



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1    Abused and Neglected Child Reporting Act.
2        (14) Being named as a perpetrator in an indicated
3    report by the Department of Children and Family Services
4    under the Abused and Neglected Child Reporting Act and
5    upon proof by clear and convincing evidence that the
6    registrant has caused a child to be an abused child or
7    neglected child as defined in the Abused and Neglected
8    Child Reporting Act.
9        (15) (Blank).
10        (16) Failure to report to the Department (A) any
11    adverse final action taken against the registrant by
12    another registering or licensing jurisdiction, government
13    agency, law enforcement agency, or any court or (B)
14    liability for conduct that would constitute grounds for
15    action as set forth in this Section.
16        (17) Habitual or excessive use or abuse of drugs
17    defined in law as controlled substances, alcohol, or any
18    other substance that results in the inability to practice
19    with reasonable judgment, skill, or safety.
20        (18) Physical or mental illness, including, but not
21    limited to, deterioration through the aging process or
22    loss of motor skills, which results in the inability to
23    practice the profession for which the person he or she is
24    registered with reasonable judgment, skill, or safety.
25        (19) Gross malpractice.
26        (20) Immoral conduct in the commission of an act



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1    related to the registrant's practice, including, but not
2    limited to, sexual abuse, sexual misconduct, or sexual
3    exploitation.
4        (21) Violation of the Health Care Worker Self-Referral
5    Act.
6    (b) The Department may refuse to issue or may suspend
7without hearing the registration of a person who fails to file
8a return, to pay the tax, penalty, or interest shown in a filed
9return, or to pay a final assessment of the tax, penalty, or
10interest as required by a tax Act administered by the
11Department of Revenue, until the requirements of the tax Act
12are satisfied in accordance with subsection (g) of Section
132105-15 of the Department of Regulation Law of the Civil
14Administrative Code of Illinois.
15    (b-1) The Department shall not revoke, suspend, summarily
16suspend, place on probation, reprimand, refuse to issue or
17renew, or take any other disciplinary or non-disciplinary
18action against the license issued under this Act to practice
19as a registered surgical assistant or registered surgical
20technologist based solely upon the registered surgical
21assistant or registered surgical technologist providing,
22authorizing, recommending, aiding, assisting, referring for,
23or otherwise participating in any health care service, so long
24as the care was not unlawful under the laws of this State,
25regardless of whether the patient was a resident of this State
26or another state.



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1    (b-2) The Department shall not revoke, suspend, summarily
2suspend, place on prohibition, reprimand, refuse to issue or
3renew, or take any other disciplinary or non-disciplinary
4action against the license issued under this Act to practice
5as a registered surgical assistant or registered surgical
6technologist based upon the registered surgical assistant's or
7registered surgical technologist's license being revoked or
8suspended, or the registered surgical assistant's or
9registered surgical technologist's being otherwise disciplined
10by any other state, if that revocation, suspension, or other
11form of discipline was based solely on the registered surgical
12assistant or registered surgical technologist violating
13another state's laws prohibiting the provision of,
14authorization of, recommendation of, aiding or assisting in,
15referring for, or participation in any health care service if
16that health care service as provided would not have been
17unlawful under the laws of this State and is consistent with
18the standards of conduct for the registered surgical assistant
19or registered surgical technologist practicing in this State.
20    (b-3) The conduct specified in subsection (b-1) or (b-2)
21shall not constitute grounds for suspension under Section 145.
22    (b-4) An applicant seeking licensure, certification, or
23authorization pursuant to this Act who has been subject to
24disciplinary action by a duly authorized professional
25disciplinary agency of another jurisdiction solely on the
26basis of having provided, authorized, recommended, aided,



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1assisted, referred for, or otherwise participated in health
2care shall not be denied such licensure, certification, or
3authorization, unless the Department determines that such
4action would have constituted professional misconduct in this
5State. Nothing in this Section shall be construed as
6prohibiting the Department from evaluating the conduct of such
7applicant and making a determination regarding the licensure,
8certification, or authorization to practice a profession under
9this Act.
10    (c) The determination by a circuit court that a registrant
11is subject to involuntary admission or judicial admission as
12provided in the Mental Health and Developmental Disabilities
13Code operates as an automatic suspension. The suspension will
14end only upon (1) a finding by a court that the patient is no
15longer subject to involuntary admission or judicial admission,
16(2) issuance of an order so finding and discharging the
17patient, and (3) filing of a petition for restoration
18demonstrating fitness to practice.
19    (d) (Blank).
20    (e) In cases where the Department of Healthcare and Family
21Services has previously determined a registrant or a potential
22registrant is more than 30 days delinquent in the payment of
23child support and has subsequently certified the delinquency
24to the Department, the Department may refuse to issue or renew
25or may revoke or suspend that person's registration or may
26take other disciplinary action against that person based



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1solely upon the certification of delinquency made by the
2Department of Healthcare and Family Services in accordance
3with paragraph (5) of subsection (a) of Section 2105-15 of the
4Department of Professional Regulation Law of the Civil
5Administrative Code of Illinois.
6    (f) In enforcing this Section, the Department, upon a
7showing of a possible violation, may compel any individual
8registered under this Act or any individual who has applied
9for registration to submit to a mental or physical examination
10and evaluation, or both, that may include a substance abuse or
11sexual offender evaluation, at the expense of the Department.
12The Department shall specifically designate the examining
13physician licensed to practice medicine in all of its branches
14or, if applicable, the multidisciplinary team involved in
15providing the mental or physical examination and evaluation,
16or both. The multidisciplinary team shall be led by a
17physician licensed to practice medicine in all of its branches
18and may consist of one or more or a combination of physicians
19licensed to practice medicine in all of its branches, licensed
20chiropractic physicians, licensed clinical psychologists,
21licensed clinical social workers, licensed clinical
22professional counselors, and other professional and
23administrative staff. Any examining physician or member of the
24multidisciplinary team may require any person ordered to
25submit to an examination and evaluation pursuant to this
26Section to submit to any additional supplemental testing



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1deemed necessary to complete any examination or evaluation
2process, including, but not limited to, blood testing,
3urinalysis, psychological testing, or neuropsychological
5    The Department may order the examining physician or any
6member of the multidisciplinary team to provide to the
7Department any and all records, including business records,
8that relate to the examination and evaluation, including any
9supplemental testing performed. The Department may order the
10examining physician or any member of the multidisciplinary
11team to present testimony concerning this examination and
12evaluation of the registrant or applicant, including testimony
13concerning any supplemental testing or documents relating to
14the examination and evaluation. No information, report,
15record, or other documents in any way related to the
16examination and evaluation shall be excluded by reason of any
17common law or statutory privilege relating to communication
18between the registrant or applicant and the examining
19physician or any member of the multidisciplinary team. No
20authorization is necessary from the registrant or applicant
21ordered to undergo an evaluation and examination for the
22examining physician or any member of the multidisciplinary
23team to provide information, reports, records, or other
24documents or to provide any testimony regarding the
25examination and evaluation. The individual to be examined may
26have, at the individual's his or her own expense, another



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1physician of the individual's his or her choice present during
2all aspects of the examination.
3    Failure of any individual to submit to mental or physical
4examination and evaluation, or both, when directed, shall
5result in an automatic suspension without a hearing until such
6time as the individual submits to the examination. If the
7Department finds a registrant unable to practice because of
8the reasons set forth in this Section, the Department shall
9require such registrant to submit to care, counseling, or
10treatment by physicians approved or designated by the
11Department as a condition for continued, reinstated, or
12renewed registration.
13    When the Secretary immediately suspends a registration
14under this Section, a hearing upon such person's registration
15must be convened by the Department within 15 days after such
16suspension and completed without appreciable delay. The
17Department shall have the authority to review the registrant's
18record of treatment and counseling regarding the impairment to
19the extent permitted by applicable federal statutes and
20regulations safeguarding the confidentiality of medical
22    Individuals registered under this Act and affected under
23this Section shall be afforded an opportunity to demonstrate
24to the Department that they can resume practice in compliance
25with acceptable and prevailing standards under the provisions
26of their registration.



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1    (g) All fines imposed under this Section shall be paid
2within 60 days after the effective date of the order imposing
3the fine or in accordance with the terms set forth in the order
4imposing the fine.
5    (f) The Department may adopt rules to implement the
6changes made by this amendatory Act of the 102nd General
8(Source: P.A. 102-1117, eff. 1-13-23.)
9    (225 ILCS 130/85)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 85. Investigation; notice; hearing. The Department
12may investigate the actions of a person applying for, holding,
13or claiming to hold a certificate of registration. The
14Department shall, before refusing to issue or renew a
15registration or taking other disciplinary or non-disciplinary
16action pursuant to Section 75 of this Act, and at least 30 days
17prior to the date set for the hearing, (i) notify in writing
18the applicant or registrant of the charges made and the time
19and place for a hearing of the charges, (ii) direct the
20applicant or registrant to file a written answer to the
21Department under oath within 20 days after the service of the
22notice, and (iii) inform the applicant or registrant that
23failure to file an answer will result in default being taken
24against the applicant or registrant.
25    Written notice and any notice in the subsequent proceeding



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1may be served by registered or certified mail to the
2applicant's or registrant's address of record or email address
3of record. If the person fails to file an answer after
4receiving notice, his or her certificate of registration may,
5in the discretion of the Department, be suspended, revoked, or
6placed on probationary status or the Department may take
7whatever disciplinary or non-disciplinary action deemed
8proper, including limiting the delegated tasks or the
9imposition of a fine, without a hearing, if the act or acts
10charged constitute sufficient grounds for such action under
11this Act. At the time and place fixed in the notice, the
12Department shall proceed to hearing of the charges and the
13parties and their counsel shall be afforded ample opportunity
14to present any pertinent statements, testimony, evidence, and
15arguments. The Department may continue a hearing from time to
17(Source: P.A. 98-364, eff. 12-31-13.)
18    (225 ILCS 130/110)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 110. Motion for rehearing. In a case involving the
21refusal to issue or renew a registration or the discipline of a
22registrant, a copy of the hearing officer's report shall be
23served upon the respondent by the Department, as provided
24under Section 20 of this Act. Within 20 days after the service,
25the respondent may present to the Secretary Department a



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1motion in writing for a rehearing, which shall specify the
2particular grounds for a rehearing. If no motion for rehearing
3is filed, then upon the expiration of the time specified for
4filing the motion, or if a motion for rehearing is denied, then
5upon the denial, the Secretary may enter an order in
6accordance with recommendations of the hearing officer
7Department, except as provided in Section 115 or 120 of this
8Act. If the respondent orders a transcript of the record from
9the reporting service and pays for the transcript within the
10time for filing a motion for rehearing, the 20-day period
11within which such a motion may be filed shall commence upon the
12delivery of the transcript to the respondent.
13(Source: P.A. 98-364, eff. 12-31-13.)
14    (225 ILCS 130/115)
15    (Section scheduled to be repealed on January 1, 2024)
16    Sec. 115. Order of Secretary. The Secretary's order shall
17be based on the recommendations contained in the hearing
18officer's Department report unless the Secretary disagrees in
19any regard with the report of the hearing officer Department,
20in which case the Secretary he or she may issue an order in
21contravention of the report. The hearing officer's report and
22Secretary's order are not admissible in evidence against the
23person in a criminal prosecution brought for a violation of
24this Act, but the hearing, report, and order are not a bar to a
25criminal prosecution brought for the violation of this Act.



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1(Source: P.A. 98-364, eff. 12-31-13.)
2    (225 ILCS 130/120)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 120. Hearing officer. The Secretary shall have the
5authority to appoint an attorney licensed to practice law in
6this State to serve as the hearing officer in a hearing
7authorized under Section 90 of this Act. The hearing officer
8shall have full authority to conduct the hearing. The hearing
9officer shall report the hearing officer's his or her findings
10of fact, conclusions of law, and recommendations to the
11Secretary Department. If the Secretary disagrees in any regard
12with the report of the hearing officer Department, the
13Secretary he or she may issue an order in contravention of the
14report. The Secretary shall provide a written explanation to
15the Department on a deviation from the Department's report and
16shall specify with particularity the reasons for his or her
17deviation in the final order.
18(Source: P.A. 98-364, eff. 12-31-13.)
19    (225 ILCS 130/150)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 150. Certificate of record. The Department shall not
22be required to certify any record to a court or file an answer
23in court or otherwise appear in a court in a judicial review
24proceeding unless and until the Department has received from



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1the plaintiff payment of the costs of furnishing and
2certifying the record, which costs shall be determined by the
3Department. Exhibits shall be certified without cost. Failure
4on the part of the plaintiff to file a receipt in court shall
5be grounds for dismissal of the action.
6(Source: P.A. 98-364, eff. 12-31-13.)
7    Section 99. Effective date. This Section and Section 5
8take effect upon becoming law.