Full Text of SB0656 101st General Assembly
SB0656enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.30 and by adding Section 4.40 as follows: | 6 | | (5 ILCS 80/4.30) | 7 | | Sec. 4.30. Acts repealed on January 1, 2020. The following | 8 | | Acts are repealed on January 1, 2020: | 9 | | The Auction License Act. | 10 | | The Community Association Manager Licensing and | 11 | | Disciplinary Act. | 12 | | The Illinois Architecture Practice Act of 1989. | 13 | | The Illinois Landscape Architecture Act of 1989. | 14 | | The Illinois Professional Land Surveyor Act of 1989. | 15 | | The Orthotics, Prosthetics, and Pedorthics Practice Act. | 16 | | The Perfusionist Practice Act.
| 17 | | The Pharmacy Practice Act. | 18 | | The Professional Engineering Practice Act of 1989. | 19 | | The Real Estate License Act of 2000. | 20 | | The Structural Engineering Practice Act of 1989. | 21 | | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | 22 | | 100-863, eff. 8-14-18.) |
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| 1 | | (5 ILCS 80/4.40 new) | 2 | | Sec. 4.40. Act repealed on January 1, 2030. The following | 3 | | Act is repealed on January 1, 2030: | 4 | | The Perfusionist Practice Act. | 5 | | Section 10. The Perfusionist Practice Act is amended by | 6 | | changing Sections 10, 15, 25, 30, 60, 65, 70, 75, 80, 90, 105, | 7 | | 115, 120, 125, 140, 150, 170, 185, 200, 210, and 220 and by | 8 | | adding Sections 11, 26, and 31 as follows:
| 9 | | (225 ILCS 125/10)
| 10 | | (Section scheduled to be repealed on January 1, 2020)
| 11 | | Sec. 10. Definitions. As used in this Act:
| 12 | | "Address of Record" means the designated address recorded | 13 | | by the Department in the applicant's or licensee's application | 14 | | file or license file maintained by the Department. It is the | 15 | | duty of the applicant or licensee to inform the Department of | 16 | | any change of address, and such changes must be made either | 17 | | through the Department's website or by directly contacting the | 18 | | Department. | 19 | | "Board" means the Board of Licensing for Perfusionists.
| 20 | | "Department" means the Department of Financial and | 21 | | Professional Regulation.
| 22 | | "Email address of record" means the designated email | 23 | | address of record by the Department in the applicant's | 24 | | application file or the licensee's license file as maintained |
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| 1 | | by the Department's licensure maintenance unit. | 2 | | "Extracorporeal circulation" means the diversion of a | 3 | | patient's blood through
a
heart-lung
machine or a similar | 4 | | device that assumes the functions of the patient's heart,
| 5 | | lungs, kidney,
liver, or other organs.
| 6 | | "New graduate perfusionist" means a perfusionist | 7 | | practicing within a period
of one year since the date of | 8 | | graduation from a Commission on Accreditation of
Allied Health | 9 | | Education Programs accredited perfusion education program.
| 10 | | "Perfusion" means the functions necessary for the support, | 11 | | treatment,
measurement, or
supplementation of the | 12 | | cardiovascular systems or
other organs, or a
combination of | 13 | | those functions, and to ensure the safe management of
| 14 | | physiologic functions by
monitoring and analyzing the | 15 | | parameters of the systems under an order and under
the | 16 | | supervision
of a physician licensed to practice medicine in all | 17 | | its branches.
| 18 | | "Perfusionist" means a person, qualified by academic and | 19 | | clinical education,
to operate the
extracorporeal circulation | 20 | | equipment during any medical situation where it is
necessary to
| 21 | | support or replace a person's cardiopulmonary, circulatory, or | 22 | | respiratory
function.
A perfusionist
is responsible for the | 23 | | selection of appropriate equipment and techniques
necessary | 24 | | for support,
treatment, measurement, or supplementation of the | 25 | | cardiopulmonary and
circulatory system of a
patient, including | 26 | | the safe monitoring, analysis, and treatment of physiologic
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| 1 | | conditions under
an order and under the supervision of a | 2 | | physician licensed to practice medicine
in all its
branches and | 3 | | in coordination with a registered professional nurse.
| 4 | | "Perfusion protocols" means perfusion related policies and | 5 | | protocols
developed
or approved by
a licensed health facility | 6 | | or a physician through collaboration with
administrators, | 7 | | licensed
perfusionists, and other health care professionals.
| 8 | | "Physician" or "operating physician" means a person | 9 | | licensed to practice
medicine in all of
its branches under the | 10 | | Medical Practice Act of 1987.
| 11 | | "Secretary" means the Secretary of the Department of | 12 | | Financial and Professional Regulation. | 13 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 14 | | (225 ILCS 125/11 new) | 15 | | Sec. 11. Address of record; email address of record. All | 16 | | applicants and licensees shall: | 17 | | (1) provide a valid address and email address to the | 18 | | Department, which shall serve as the address of record and | 19 | | email address of record, respectively, at the time of | 20 | | application for licensure or renewal of a license; and | 21 | | (2) inform the Department of any change of address of | 22 | | record or email address of record within 14 days after such | 23 | | change either through the Department's website or by | 24 | | contacting the Department's licensure maintenance unit.
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| 1 | | (225 ILCS 125/15)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 15. Functions, powers, Powers and duties of the | 4 | | Department. The Department shall, subject Subject to the | 5 | | provisions of this Act, exercise the following functions, | 6 | | powers, and duties the Department may :
| 7 | | (1) Authorize examinations to ascertain the fitness | 8 | | and qualifications of applicants for licensure and pass (a) | 9 | | Pass upon the qualifications of applicants for licensure by | 10 | | endorsement.
| 11 | | (2) Adopt rules required for the administration of this | 12 | | Act (b) Conduct hearings on proceedings to refuse to issue | 13 | | or renew a license, or to revoke or suspend a license, or | 14 | | to place on probation, reprimand, or take any other | 15 | | disciplinary or non-disciplinary action with regard to a | 16 | | person licensed under this Act .
| 17 | | (3) (c) Formulate rules required for the | 18 | | administration of this Act. | 19 | | (4) Conduct hearings on proceedings to refuse to issue | 20 | | or renew licenses, or to revoke, suspend, place on | 21 | | probation, or reprimand persons licensed under this Act (d) | 22 | | Obtain written recommendations from the Board regarding | 23 | | (i) curriculum content, standards of professional conduct, | 24 | | formal disciplinary actions, and the formulation of rules, | 25 | | and (ii) when petitioned by the applicant, opinions | 26 | | regarding the qualifications of applicants for licensing . |
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| 1 | | (5) Issue licenses to those who meet the requirements | 2 | | of this Act (e) Maintain rosters of the names and address | 3 | | of all licensees, and all persons whose licenses have been | 4 | | suspended, revoked, or denied renewal for cause or | 5 | | otherwise disciplined within the previous calendar year. | 6 | | These rosters shall be available upon written request and | 7 | | payment of the required fee as established by rule . | 8 | | (6) Conduct investigations related to possible | 9 | | violations of this Act. | 10 | | (Source: P.A. 96-682, eff. 8-25-09 .)
| 11 | | (225 ILCS 125/25)
| 12 | | (Section scheduled to be repealed on January 1, 2020)
| 13 | | Sec. 25. Board of Licensing for Perfusionists. | 14 | | (a) The Secretary shall appoint a Board of Licensing for | 15 | | Perfusionists which
shall serve in
an advisory capacity to the | 16 | | Secretary . The Board shall consist be comprised of 5 members | 17 | | who shall serve in an advisory capacity to the Secretary | 18 | | persons appointed by the Secretary, who shall give due | 19 | | consideration to recommendations by members of the profession | 20 | | of
perfusion and perfusion organizations within the State . All | 21 | | shall be residents of Illinois. (b) Two members must hold an | 22 | | active license
to engage in the practice of perfusion in this | 23 | | State . One , one member shall must be a
physician licensed | 24 | | under the Medical Practice Act of 1987 who is board
certified | 25 | | in and actively engaged in the practice of cardiothoracic |
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| 1 | | surgery . One ,
one member shall must be a licensed registered | 2 | | professional nurse certified by the
Association of | 3 | | periOperative Registered Operating Room Nurses . In addition to | 4 | | the 4 licensed members, there shall be , and one public member . | 5 | | The public member shall not hold a license must be a member of | 6 | | the
public who is not licensed under this Act or a similar Act | 7 | | of this State another
jurisdiction and who shall have has no | 8 | | connection with the profession of perfusion .
| 9 | | (b) (c) Members shall serve 4-year terms and until their | 10 | | successors are appointed and
qualified , except that, of the | 11 | | initial appointments, 2 members shall be
appointed to serve for | 12 | | 2 years, 2 members shall be appointed to serve for 3
years, and | 13 | | 1
member shall be appointed to serve for 4 years, and until | 14 | | their successors are
appointed and qualified . | 15 | | (c) In appointing members to the Board, the Secretary shall | 16 | | give due consideration to recommendations made by members and | 17 | | organizations of the perfusionist profession. | 18 | | (d) The membership of the Board should reasonably reflect | 19 | | representation from the geographic areas in this State. | 20 | | (e) No member shall be reappointed to the Board for a
term | 21 | | that would cause his or her continuous service on the Board to | 22 | | be longer
than 8 consecutive years. | 23 | | (f) (d) Appointments to fill vacancies shall be made in the
| 24 | | same manner as original appointments for the unexpired portion | 25 | | of the vacated
term.
| 26 | | (e) The Board shall annually elect a chairperson and a |
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| 1 | | vice-chairperson who shall
preside in the absence of the | 2 | | chairperson. | 3 | | (f) Insofar as possible, the licensed professionals | 4 | | appointed to serve on the Board shall be generally | 5 | | representative of the occupational and geographical | 6 | | distribution of licensed professionals within this State. | 7 | | (g) The Secretary
may remove or suspend any member for | 8 | | cause at any time before the expiration of his or her term. The | 9 | | Secretary shall be the sole arbiter of cause. | 10 | | (h) The Secretary
may give due consideration to all | 11 | | recommendations of the Board. | 12 | | (g) (i) Three Board members shall constitute a quorum. A | 13 | | quorum is required for all Board decisions. | 14 | | (h) The Secretary may terminate the appointment of any | 15 | | member for cause which in the opinion of the Secretary | 16 | | reasonably justified such termination which may include, but is | 17 | | not limited to, a Board member who does not attend 2 | 18 | | consecutive meetings. | 19 | | (i) Notice of proposed rulemaking shall be transmitted to | 20 | | the Board and the Department shall review the response of the | 21 | | Board and any recommendations made therein. | 22 | | (j) Members of the Board shall have no liability in any | 23 | | action based upon disciplinary proceedings or other activity | 24 | | performed in good faith as members of the Board. | 25 | | (k) Members of the Board shall be reimbursed for all | 26 | | legitimate, necessary, and authorized expenses. |
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| 1 | | (j) Except for willful or wanton misconduct, members of the | 2 | | Board shall be immune from liability
in any action based upon | 3 | | any disciplinary proceeding or other
activity performed in good | 4 | | faith as a member of the Board.
| 5 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 6 | | (225 ILCS 125/26 new) | 7 | | Sec. 26. Powers and duties of the Board. Subject to the | 8 | | provisions of this Act, the Board shall exercise the following | 9 | | functions, powers, and duties: | 10 | | (1) The Board shall hold at least 2 regular meetings | 11 | | each year. | 12 | | (2) The Board shall annually elect a Chairperson and a | 13 | | Vice Chairperson, both of whom shall be Illinois licensed | 14 | | perfusionists. | 15 | | (3) The Board, upon request by the Department, may make | 16 | | an evaluation to approve a perfusionist program, | 17 | | examination, or certification. | 18 | | (4) The Board shall assist the Department in conducting | 19 | | oral interviews, disciplinary conferences, informal | 20 | | conferences, and formal evidentiary hearings. | 21 | | The Department may at any time seek the expert advice and | 22 | | knowledge of the Board on any matter related to the enforcement | 23 | | of this Act.
| 24 | | (225 ILCS 125/30)
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| 1 | | (Section scheduled to be repealed on January 1, 2020)
| 2 | | Sec. 30. Application for licensure. | 3 | | (a) An application for an original initial
license
shall be | 4 | | made to the Department in writing on forms or electronically as | 5 | | prescribed by the
Department and shall be accompanied by the | 6 | | required nonrefundable fee , which shall not be refundable . All | 7 | | applications shall contain information that, in the judgment of | 8 | | the Department, will enable the Department to pass on the | 9 | | qualifications of the applicant for a license as a | 10 | | perfusionist. An
application shall require information that, | 11 | | in the judgment of the Department,
will enable the Department | 12 | | to evaluate the qualifications of an applicant for
licensure.
| 13 | | (b) If an applicant fails to obtain a license under this | 14 | | Act within 3 years after
filing his or her application, the | 15 | | application shall be denied , the fee shall be forfeited, and | 16 | | the applicant must reapply and meet the requirements in effect | 17 | | at the time of reapplication . The applicant
may make a new | 18 | | application, which shall be accompanied by the required
| 19 | | nonrefundable fee. The applicant shall be required to meet the
| 20 | | qualifications required for licensure at the time of | 21 | | reapplication.
| 22 | | A person shall be qualified
for licensure as a perfusionist | 23 | | if that person:
| 24 | | (1) has applied to the Department for licensure in | 25 | | accordance with
this Section;
| 26 | | (2) has not violated a provision of Section 110 of this |
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| 1 | | Act; in addition
the Department may take into consideration | 2 | | any felony conviction of the
applicant, but a conviction | 3 | | shall not operate as an absolute bar to licensure;
and
| 4 | | (3) has successfully completed the examination | 5 | | provided by the American
Board of Cardiovascular Perfusion | 6 | | (ABCP) or its successor agency or a
substantially | 7 | | equivalent examination approved by the Department;
| 8 | | (4) has met
the requirements for certification set | 9 | | forth by the American Board of
Cardiovascular Perfusion or | 10 | | its successor agency; and
| 11 | | (5) has graduated from a school accredited by the | 12 | | Commission on the
Accreditation of Allied Health Education | 13 | | Programs (CAAHEP) or a similar
accrediting body approved by | 14 | | the Department.
| 15 | | (Source: P.A. 91-580, eff. 1-1-00 .)
| 16 | | (225 ILCS 125/31 new) | 17 | | Sec. 31. Qualification. A person shall be qualified for | 18 | | licensure as a perfusionist if that person: | 19 | | (1) has applied to the Department for licensure in | 20 | | accordance with this Act; | 21 | | (2) has not violated any provision of this Act; and | 22 | | (3) has met the requirements for licensure as set forth | 23 | | by this Act and rules.
| 24 | | (225 ILCS 125/60)
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| 1 | | (Section scheduled to be repealed on January 1, 2020)
| 2 | | Sec. 60. Display of license ; change of address . A licensee | 3 | | shall maintain on file at all times during which the licensee
| 4 | | provides services in a
health care facility a true and correct | 5 | | copy of the license certificate in the
appropriate records of | 6 | | the facility.
| 7 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 8 | | (225 ILCS 125/65)
| 9 | | (Section scheduled to be repealed on January 1, 2020)
| 10 | | Sec. 65. Endorsement Licensure by endorsement . | 11 | | (a) The Department may, upon application in writing on | 12 | | forms or electronically accompanied by the required fee, issue | 13 | | a license as a perfusionist to an applicant who is a | 14 | | perfusionist licensed under the law of another state, the | 15 | | District of Columbia, territory, or country, if the | 16 | | requirements for licensure in that jurisdiction were, at the | 17 | | date of original licensure, substantially equivalent to the | 18 | | requirements in force in this State. | 19 | | (b) An applicant who holds a current certificate as a | 20 | | certified clinical perfusionist issued by the American Board of | 21 | | Cardiovascular Perfusion, or its equivalent, as approved by the | 22 | | Department, prior to January 1, 1999 may apply for endorsement | 23 | | as stated in subsection (a) of this Section. | 24 | | (c) If the accuracy of any submitted documentation or | 25 | | relevance or sufficiency of the course work or experience is |
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| 1 | | questioned by the Department or the Board because of a lack of | 2 | | information, discrepancies, or conflicts in information given, | 3 | | or a need for clarification, the applicant seeking licensure | 4 | | may be required to provide additional information. | 5 | | (d) Applicants have 3 years from the date of application to | 6 | | complete the application process. If the process has not been | 7 | | completed in 3 years, the application shall be denied, the fee | 8 | | forfeited, and the applicant must reapply and meet the | 9 | | requirements in effect at the time of reapplication. | 10 | | The Department may, in its
discretion,
license as a
| 11 | | perfusionist, without examination
and on payment of the | 12 | | required fee, an applicant who (1) is licensed as a
| 13 | | perfusionist under the laws of
another state, territory, or | 14 | | country, if the requirements
for licensure in that state, | 15 | | territory, or country in which
the applicant was licensed were, | 16 | | at the date of his or her
licensure, substantially equal to the | 17 | | requirements in force
in this State on that date or (2) holds a | 18 | | current certificate as a certified
clinical perfusionist | 19 | | issued by the
American Board of Cardiovascular Perfusion | 20 | | (ABCP), or its successor
organization, prior to January 1, | 21 | | 1999.
| 22 | | (Source: P.A. 91-580, eff. 1-1-00 .)
| 23 | | (225 ILCS 125/70)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
| 25 | | Sec. 70. Renewal, reinstatement , or restoration of |
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| 1 | | license; persons in military service. | 2 | | (a) The expiration date and
renewal period for each license | 3 | | issued under this Act shall be set by the
Department by rule. | 4 | | The holder of a license A licensee may renew the his or her | 5 | | license during the month preceding the expiration date of the | 6 | | license by paying the required fee. It is the responsibility of | 7 | | the licensee to notify the Department in writing of a change of | 8 | | address.
| 9 | | (b) A licensee who has permitted his or her
license to | 10 | | expire or
who has had his or her license placed on inactive | 11 | | status may have his or her the license
restored by making | 12 | | application to the Department, and by filing proof
acceptable | 13 | | to
the Department of his or her fitness to have the license | 14 | | restored, including, but not limited to, sworn practice in | 15 | | another jurisdiction satisfactory to the Department and
by
| 16 | | paying the required fees as determined by rule . Proof of | 17 | | fitness may include sworn evidence
certifying to active lawful | 18 | | practice in another jurisdiction.
| 19 | | (c) A perfusionist If the licensee has not maintained an | 20 | | active practice
in
another jurisdiction satisfactory to the | 21 | | Department, the Department shall
determine, by an evaluation | 22 | | program established by rule, his or her
fitness
for restoration | 23 | | of the license and shall establish procedures and requirements
| 24 | | for
restoration.
However, a licensee whose license has expired | 25 | | while engaged he or
she
was (1) in federal service on active | 26 | | duty with the Armed Forces of the United
States or the State |
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| 1 | | Militia called into service or training , or (2) in
training or
| 2 | | education under the supervision of the United States before
| 3 | | induction
into the military service, may have the license | 4 | | restored or reinstated without paying any
lapsed | 5 | | reinstatement,
renewal , or restoration fees if within 2 years | 6 | | after honorable termination other than by dishonorable | 7 | | discharge of such the
service,
training, or education and he or | 8 | | she furnishes the Department is furnished with
satisfactory
| 9 | | evidence to the effect that the licensee he or she has been so | 10 | | engaged in the practice of perfusion and that such and that his
| 11 | | or
her service, training, or education has been so terminated.
| 12 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 13 | | (225 ILCS 125/75) | 14 | | (Section scheduled to be repealed on January 1, 2020) | 15 | | Sec. 75. Continuing education. The Department may adopt | 16 | | rules of continuing education for persons licensed under this | 17 | | Act. The Department shall consider the recommendations of the | 18 | | Board in establishing the guidelines for continuing education | 19 | | requirements. The requirements of this Section shall apply to | 20 | | any person seeking renewal or restoration under Sections 70 and | 21 | | 80 of this Act licensees that require 30 hours of continuing | 22 | | education per 2 year license renewal cycle. The rules shall | 23 | | address variances in part or in whole for good cause, including | 24 | | without limitation temporary illness or hardship. The | 25 | | Department may approve continuing education programs offered, |
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| 1 | | provided, and approved by the American Board of Cardiovascular | 2 | | Perfusion, or its successor agency. The Department may approve | 3 | | additional continuing education sponsors. Each licensee is | 4 | | responsible for maintaining records of his or her completion of | 5 | | the continuing education and shall be prepared to produce the | 6 | | records when requested by the Department .
| 7 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 8 | | (225 ILCS 125/80)
| 9 | | (Section scheduled to be repealed on January 1, 2020)
| 10 | | Sec. 80. Inactive status. A person licensed under this Act | 11 | | licensee who notifies
the
Department , in writing on forms | 12 | | prescribed by the Department , may elect to
place his or her | 13 | | license on an inactive status and shall, subject to
rules of
| 14 | | the Department, be excused from payment of renewal fees until | 15 | | he or she
notifies the Department in writing of his or her | 16 | | intention to restore the
license.
A licensee requesting | 17 | | restoration from inactive status
shall
pay the current renewal | 18 | | fee and shall restore his or
her
license in accordance with | 19 | | Section 70 of this Act.
A licensee whose license is on inactive | 20 | | status shall not
practice
as a perfusionist in this State. A | 21 | | licensee
who
engages in
practice as a
perfusionist while his or | 22 | | her
license is
lapsed or on inactive status shall be considered | 23 | | to be practicing without a
license, which shall be grounds for | 24 | | discipline under Section 105 of this Act.
| 25 | | (Source: P.A. 91-580, eff. 1-1-00 .)
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| 1 | | (225 ILCS 125/90)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 90. Fees; deposit of fees and fines.
| 4 | | (a) The Department shall provide set by rule for a schedule | 5 | | of fees to be paid for licenses by applicants for the | 6 | | administration of this
Act, including, but not limited to, fees | 7 | | for initial and renewal licensure and
restoration of a license . | 8 | | All The fees are shall be nonrefundable.
| 9 | | (b) The fees for the administration and enforcement of the | 10 | | Act, including but not limited to original licensure, renewal, | 11 | | and restoration shall be set by rule by the Department. | 12 | | (c) (b) All of the fees and fines collected as authorized | 13 | | under this Act shall be deposited into the
General Professions | 14 | | Dedicated Fund. The monies deposited into the Fund shall
be | 15 | | appropriated to the Department for expenses of the Department | 16 | | in the
administration of this Act.
| 17 | | (Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| 18 | | (225 ILCS 125/105)
| 19 | | (Section scheduled to be repealed on January 1, 2020)
| 20 | | Sec. 105. Grounds for disciplinary action Disciplinary | 21 | | actions .
| 22 | | (a) The Department may refuse to issue, renew, or restore a
| 23 | | license, or may revoke , or suspend a license , or may place on
| 24 | | probation, reprimand, or take any other disciplinary or |
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| 1 | | non-disciplinary
action as the Department may deem proper with | 2 | | regard to a person licensed under this Act ,
including but not | 3 | | limited to the imposition of fines not to
exceed $10,000 per | 4 | | for each violation with regard to any license issued under this | 5 | | Act , for any one or a any combination
of the following reasons | 6 | | causes :
| 7 | | (1) Making a material misstatement in furnishing
| 8 | | information to the Department.
| 9 | | (2) Negligence, incompetence, or misconduct in the | 10 | | practice of perfusion Violation of this Act or any rule | 11 | | promulgated under this Act .
| 12 | | (3) Failure to comply with any provisions of this Act | 13 | | or any of its rules Conviction of, or entry of a plea of | 14 | | guilty or nolo contendere to, any crime that is a felony | 15 | | under the laws of the United States or any state or | 16 | | territory thereof, or any crime
that is a
misdemeanor of | 17 | | which an essential element is dishonesty,
or any crime that | 18 | | is directly related to the practice as
a perfusionist .
| 19 | | (4) Fraud or any misrepresentation in applying for or | 20 | | procuring a license under this Act or in connection with | 21 | | applying for renewal or restoration of a license under this | 22 | | Act Making a misrepresentation for the purpose of
| 23 | | obtaining, renewing, or restoring a license .
| 24 | | (5) Purposefully making false statements or signing | 25 | | false statements, certificates, or affidavits to induce | 26 | | payment Aiding or assisting another person in
violating a |
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| 1 | | provision of this Act or its rules .
| 2 | | (6) Conviction of or entry of a plea of guilty or nolo | 3 | | contendere, finding of guilt, jury verdict, or entry of | 4 | | judgment or sentencing, 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 of | 9 | | which is dishonesty, that is directly related to the | 10 | | practice of the profession of perfusion Failing to provide | 11 | | information within 60 days
in response to a written request | 12 | | made by the Department .
| 13 | | (7) Aiding or assisting another in violating any | 14 | | provision of this Act or its rules Engaging in | 15 | | dishonorable, unethical, or
unprofessional conduct of a | 16 | | character likely to deceive,
defraud, or harm the public, | 17 | | as defined by rule of the
Department .
| 18 | | (8) Failing to provide information in response to a | 19 | | written request made by the Department within 60 days after | 20 | | receipt of such written request Discipline by another | 21 | | state, the District of Columbia, or territory, or a foreign | 22 | | nation, if at least one of the
grounds for discipline is | 23 | | the same or substantially
equivalent to those set forth in | 24 | | this Section .
| 25 | | (9) Engaging in dishonorable, unethical, or | 26 | | unprofessional conduct of a character likely to deceive, |
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| 1 | | defraud, or harm the public as defined by rule Directly or | 2 | | indirectly giving to or receiving
from a person, firm, | 3 | | corporation, partnership, or
association a fee, | 4 | | commission, rebate, or other form of
compensation for | 5 | | professional services not actually or
personally rendered. | 6 | | Nothing in this paragraph (9) affects any bona fide | 7 | | independent contractor or employment arrangements among | 8 | | health care professionals, health facilities, health care | 9 | | providers, or other entities, except as otherwise | 10 | | prohibited by law. Any employment arrangements may include | 11 | | provisions for compensation, health insurance, pension, or | 12 | | other employment benefits for the provision of services | 13 | | within the scope of the licensee's practice under this Act. | 14 | | Nothing in this paragraph (9) shall be construed to require | 15 | | an employment arrangement to receive professional fees for | 16 | | services rendered .
| 17 | | (10) Habitual or excessive use or abuse of drugs | 18 | | defined in law as controlled substances, of alcohol, | 19 | | narcotics, stimulants, or any other substances that | 20 | | results in the inability to practice with reasonable | 21 | | judgment, skill, or safety A finding by the Board that the | 22 | | licensee, after
having his or her license placed on | 23 | | probationary status,
has violated the terms of probation .
| 24 | | (11) A finding by the Department that an applicant or | 25 | | licensee has failed to pay a fine imposed by the Department | 26 | | Wilfully making or filing false records or
reports in his |
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| 1 | | or her practice, including but not limited
to false records | 2 | | or reports filed with State agencies or departments .
| 3 | | (12) A finding by the Department that the licensee, | 4 | | after having his or her license placed on probationary | 5 | | status, has violated the terms of probation, or failed to | 6 | | comply with such terms Wilfully making or signing a false | 7 | | statement,
certificate, or affidavit to induce payment .
| 8 | | (13) Inability to practice the profession with | 9 | | reasonable judgment, skill, or safety as a result of | 10 | | physical illness, including, but not limited to, | 11 | | deterioration through the aging process, loss of motor | 12 | | skill, mental illness, or disability Wilfully failing to | 13 | | report an instance of
suspected child abuse or neglect as | 14 | | required under the
Abused and Neglected Child Reporting | 15 | | Act .
| 16 | | (14) Discipline by another state, territory, foreign | 17 | | country, the District of Columbia, the United States | 18 | | government, or any other government agency if at least one | 19 | | of the grounds for discipline is the same or substantially | 20 | | equivalent to those set forth in this Act Being named as a | 21 | | perpetrator in an indicated
report by the Department of | 22 | | Children and Family Services
under the Abused and Neglected | 23 | | Child Reporting Act and
upon proof by clear and convincing | 24 | | evidence that the
licensee has caused a child to be an | 25 | | abused child or
neglected child as defined in the Abused | 26 | | and Neglected
Child Reporting Act .
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| 1 | | (15) The making of any willfully false oath or | 2 | | affirmation in any matter or proceeding where an oath or | 3 | | affirmation is required by this Act Employment of fraud, | 4 | | deception, or any
unlawful means in applying for or | 5 | | securing a license as a
perfusionist .
| 6 | | (16) Using or attempting to use an expired, inactive, | 7 | | suspended, or revoked license, or the certificate or seal | 8 | | of another, or impersonating another licensee Allowing | 9 | | another person to use his or her
license to practice .
| 10 | | (17) Directly or indirectly giving to or receiving from | 11 | | any person or entity any fee, commission, rebate, or other | 12 | | form of compensation for any professional service not | 13 | | actually or personally rendered Failure to report to the | 14 | | Department (A) any
adverse final action taken against the | 15 | | licensee by
another licensing jurisdiction,
government | 16 | | agency, law enforcement agency, or
any court or (B) | 17 | | liability for conduct that would
constitute grounds for | 18 | | action as set forth in this
Section .
| 19 | | (18) Willfully making or filing false records or | 20 | | reports related to the licensee's practice, including, but | 21 | | not limited to, false records filed with federal or State | 22 | | agencies or departments Inability to practice the | 23 | | profession with reasonable judgment, skill or safety as a | 24 | | result of a physical illness, including but not limited to | 25 | | deterioration through the aging process or loss of motor | 26 | | skill, or a mental illness or disability .
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| 1 | | (19) Willfully failing to report an instance of | 2 | | suspected child abuse or neglect as required under the | 3 | | Abused and Neglected Child Reporting Act Inability to | 4 | | practice the
profession for which he or she is licensed | 5 | | with
reasonable judgment, skill, or safety as a result of | 6 | | habitual or excessive use or addiction to alcohol, | 7 | | narcotics, stimulants, or any other chemical agent or drug .
| 8 | | (20) 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 | | Gross malpractice .
| 15 | | (21) Immoral conduct in the commission of an act | 16 | | related to the licensee's
practice, including but not | 17 | | limited to sexual abuse, sexual misconduct,
or sexual | 18 | | exploitation.
| 19 | | (22) Violation of
the Health Care Worker Self-Referral | 20 | | Act.
| 21 | | (23) Solicitation of business or professional | 22 | | services, other than permitted advertising. | 23 | | (24) Conviction of or cash compromise of a charge or | 24 | | violation of the Illinois Controlled Substances Act. | 25 | | (25) Gross, willful, or continued overcharging for | 26 | | professional services, including filing false statements |
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| 1 | | for collection of fees for which services are not rendered. | 2 | | (26) Practicing under a false name or, except as | 3 | | allowed by law, an assumed name. | 4 | | (27) Violating any provision of this Act or the rules | 5 | | promulgated under this Act, including, but not limited to, | 6 | | advertising. | 7 | | (b) A licensee or applicant who, because of a physical or | 8 | | mental illness or disability, including, but not limited to, | 9 | | deterioration through the aging process or loss of motor skill, | 10 | | is unable to practice the profession with reasonable judgment, | 11 | | skill, or safety, may be required by the Department to submit | 12 | | to care, counseling or treatment by physicians approved or | 13 | | designated by the Department, as a condition, term, or | 14 | | restriction for continued, reinstated, or renewed licensure to | 15 | | practice. Submission to care, counseling or treatment as | 16 | | required by the Department shall not be considered discipline | 17 | | of the licensee. If the licensee refuses to enter into a care, | 18 | | counseling or treatment agreement or fails to abide by the | 19 | | terms of the agreement the Department may file a complaint to | 20 | | suspend or revoke the license or otherwise discipline the | 21 | | licensee. The Secretary may order the license suspended | 22 | | immediately, pending a hearing by the Department. Fines shall | 23 | | not be assessed in the disciplinary actions involving physical | 24 | | or mental illness or impairment.
| 25 | | (b-5) The Department may refuse to issue or may suspend, | 26 | | without a hearing as provided for in the Civil Administrative |
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| 1 | | Code of Illinois, the license of a person who fails to file a | 2 | | return, to pay the tax, penalty, or interest shown in a filed | 3 | | return, or to pay any final assessment of tax, penalty, or | 4 | | interest as required by any tax Act administered by the | 5 | | Department of Revenue, until such time as the requirements of | 6 | | the tax Act are satisfied in accordance with subsection (g) of | 7 | | Section 2105-15 of the Department of Professional Regulation | 8 | | Law of the Civil Administrative Code of Illinois (20 ILCS | 9 | | 2105/2105-15). | 10 | | (c) The determination by a circuit court that a licensee is | 11 | | subject to involuntary admission or judicial admission as | 12 | | provided in the Mental Health and Developmental Disabilities | 13 | | Code, as amended, operates as an automatic suspension. The | 14 | | suspension will end only upon a finding by a court that the | 15 | | licensee is no longer subject to the involuntary admission or | 16 | | judicial admission and issues an order so finding and | 17 | | discharging the licensee; and upon the recommendation of the | 18 | | Board to the Secretary that the licensee be allowed to resume | 19 | | his or her practice. | 20 | | (b) (d) In enforcing this Section, the Department or Board, | 21 | | upon a showing of a possible violation, may order a licensee or | 22 | | applicant to submit to a mental or physical examination, or | 23 | | both, at the expense of the Department. The Department or Board | 24 | | may order the examining physician to present testimony | 25 | | concerning his or her examination of the licensee or applicant. | 26 | | No information shall be excluded by reason of any common law or |
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| 1 | | statutory privilege relating to communications between the | 2 | | licensee or applicant and the examining physician. The | 3 | | examining physicians shall be specifically designated by the | 4 | | Board or Department. The licensee or applicant may have, at his | 5 | | or her own expense, another physician of his or her choice | 6 | | present during all aspects of the examination. Failure of a | 7 | | licensee or applicant to submit to any such examination when | 8 | | directed, without reasonable cause as defined by rule, shall be | 9 | | grounds for either the immediate suspension of his or her | 10 | | license or immediate denial of his or her application. | 11 | | (1) If the Secretary immediately suspends the license | 12 | | of a licensee for his or her failure to submit to a mental | 13 | | or physical examination when directed, a hearing must be | 14 | | convened by the Department within 15 days after the | 15 | | suspension and completed without appreciable delay. | 16 | | (2) If the Secretary otherwise suspends a license | 17 | | pursuant to the results of the licensee's mental or | 18 | | physical examination, a hearing must be convened by the | 19 | | Department within 15 days after the suspension and | 20 | | completed without appreciable delay. The Department and | 21 | | Board shall have the authority to review the licensee's | 22 | | record of treatment and counseling regarding the relevant | 23 | | impairment or impairments to the extent permitted by | 24 | | applicable federal statutes and regulations safeguarding | 25 | | the confidentiality of medical records. | 26 | | (3) Any licensee suspended or otherwise affected under |
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| 1 | | this subsection (b) (d) shall be afforded an opportunity to | 2 | | demonstrate to the Department or Board that he or she can | 3 | | resume practice in compliance with the acceptable and | 4 | | prevailing standards under the provisions of his or her | 5 | | license.
| 6 | | (c) The determination by a circuit court that a licensee is | 7 | | subject to involuntary admission or judicial admission as | 8 | | provided in the Mental Health and Developmental Disabilities | 9 | | Code operates as an automatic suspension. The suspension will | 10 | | end only upon a finding by a court that the licensee is no | 11 | | longer subject to the involuntary admission or judicial | 12 | | admission and issues an order so finding and discharging the | 13 | | licensee; and upon the recommendation of the Board to the | 14 | | Secretary that the licensee be allowed to resume his or her | 15 | | practice. | 16 | | (d) In cases where the Department of Healthcare and Family | 17 | | Services (formerly the Department of Public Aid) has previously | 18 | | determined that a licensee or a potential licensee is more than | 19 | | 30 days delinquent in the payment of child support and has | 20 | | subsequently certified the delinquency to the Department, the | 21 | | Department shall refuse to issue or renew or shall revoke or | 22 | | suspend that person's license or shall take other disciplinary | 23 | | action against that person based solely upon the certification | 24 | | of delinquency made by the Department of Healthcare and Family | 25 | | Services in accordance with subdivision (a)(5) of Section | 26 | | 2105-15 of the Department of Professional Regulation Law of the |
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| 1 | | Civil Administrative Code of Illinois. | 2 | | (e) The Department shall deny a license or renewal | 3 | | authorized by this Act to a person who has failed to file a | 4 | | return, to pay the tax, penalty, or interest shown in a filed | 5 | | return, or to pay any final assessment of tax, penalty, or | 6 | | interest as required by any tax Act administered by the | 7 | | Department of Revenue, until the requirements of the tax Act | 8 | | are satisfied in accordance with subsection (g) of Section | 9 | | 2105-15 of the Department of Professional Regulation Law of the | 10 | | Civil Administrative Code of Illinois. | 11 | | (Source: P.A. 98-756, eff. 7-16-14.)
| 12 | | (225 ILCS 125/115)
| 13 | | (Section scheduled to be repealed on January 1, 2020)
| 14 | | Sec. 115. Injunction Injunctive action ; cease and desist | 15 | | order. | 16 | | (a) If any person violates the provisions of this Act, the | 17 | | Secretary, in the name of the People of the State of Illinois, | 18 | | through the Attorney General or the State's Attorney of the | 19 | | county in which the violation is alleged to have occurred, may | 20 | | petition for an order enjoining the violation or for an order | 21 | | enforcing compliance with this Act. Upon the filing of a | 22 | | verified petition, the court with appropriate jurisdiction may | 23 | | issue a temporary restraining order, without notice or bond, | 24 | | and may preliminarily and permanently enjoin the violation. If | 25 | | it is established that the person has violated or is violating |
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| 1 | | the injunction, the court may punish the offender for contempt | 2 | | of court. Proceedings under this Section are in addition to, | 3 | | and not in lieu of, all other remedies and penalties provided | 4 | | by this Act. | 5 | | (b) Whenever, in the opinion of the Department, a person | 6 | | violates any provision of this Act, the Department may issue a | 7 | | rule to show cause why an order to cease and desist should not | 8 | | be entered against that person. The rule shall clearly set | 9 | | forth the grounds relied upon the Department and shall allow at | 10 | | least 7 days from the date of the rule to file an answer | 11 | | satisfactory to the Department. Failure to answer to the | 12 | | satisfaction of the Department shall cause an order to cease | 13 | | and desist to be issued.
| 14 | | (c) 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 Secretary | 18 | | or State's Attorney, may petition for relief as provided in | 19 | | subsection (a) of this Section.
| 20 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 21 | | (225 ILCS 125/120)
| 22 | | (Section scheduled to be repealed on January 1, 2020)
| 23 | | Sec. 120. Investigation; notice; hearing. | 24 | | (a) The Department may
investigate
the
actions of any | 25 | | applicant or of any person or entity holding or claiming to |
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| 1 | | hold a perfusionist license under this Act . | 2 | | (b) The
Department shall, before disciplining an applicant | 3 | | or licensee, refusing to issue or renew, suspending, or | 4 | | revoking a
license or taking other discipline pursuant to | 5 | | Section 105 of
this Act, and at
least 30 days prior to the date | 6 | | set for the hearing, (i) notify in writing the
applicant or | 7 | | licensee of the any charges made and the time and the place for | 8 | | the hearing on the charges, (ii) direct the applicant or | 9 | | licensee him or her to file a written answer to the charges | 10 | | with the Board under oath within 20 days after the service on | 11 | | him or her of the notice, and shall direct
the applicant or | 12 | | licensee to file a
written
answer to the Department under oath | 13 | | within 20 days after the service on him or her of the
notice | 14 | | and (iii) inform the applicant or licensee accused that failure | 15 | | to file a written answer to the charges will result in a | 16 | | default being entered against the applicant or licensee , if he | 17 | | or she fails to answer, default will be taken against him or | 18 | | her or that his or her
license may be suspended, revoked, or | 19 | | placed on probationary status, or other
disciplinary action may | 20 | | be
taken with regard to the licensee, including limiting the | 21 | | scope, nature, or extent of practice, as the Department
may | 22 | | consider proper . | 23 | | (c) Written or electronic notice, and any notice in the | 24 | | subsequent proceeding, may be served by personal delivery, by | 25 | | email, or by mail to the applicant or licensee at his or her | 26 | | address of record or email address of record. |
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| 1 | | (d) At the time and place fixed in the notice, the Board or | 2 | | hearing officer appointed by the Secretary shall proceed to | 3 | | hear the charges , and the parties or their counsel shall be | 4 | | accorded ample opportunity to present any statement pertinent | 5 | | statements , testimony, evidence, and argument as may be | 6 | | pertinent to the charges or to their defense arguments . The | 7 | | Board or hearing officer may continue the hearing from time to | 8 | | time. | 9 | | (e) In case the licensee or applicant person , after | 10 | | receiving the notice, fails to file an answer, his or her | 11 | | license may, in the discretion of the Secretary Department , | 12 | | having first received the recommendation of the Board, be
| 13 | | suspended, revoked, or placed on probationary status , or be | 14 | | subject to the Department may take
whatever disciplinary action | 15 | | the Secretary it considers proper, including limiting the | 16 | | scope,
nature, or extent of the person's practice or the | 17 | | imposition of a fine, without
a hearing, if the act or acts | 18 | | charged constitute sufficient grounds for such
action under | 19 | | this Act. The written notice may be served by personal delivery | 20 | | or by certified mail to the address of record or the address | 21 | | specified by the accused in his or her last communication with | 22 | | the Department.
| 23 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 24 | | (225 ILCS 125/125)
| 25 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 125. Record of proceedings. | 2 | | (a) The Department, at its
expense, shall preserve a record | 3 | | of all proceedings at the formal hearing of any case in which a | 4 | | license under this Act may be revoked, suspended, placed on | 5 | | probationary status, reprimanded, fined, or subjected to other | 6 | | disciplinary action with reference to the license when a | 7 | | disciplinary action is authorized under this Act and rules at a
| 8 | | formal hearing conducted pursuant to Section 120 of this Act . | 9 | | The
notice of hearing, complaint, and all other documents in | 10 | | the
nature of pleadings and written motions filed in the
| 11 | | proceedings, the transcript of testimony, the report of the
| 12 | | Board or hearing officer, and orders of the Department shall be
| 13 | | the record of the proceeding. The record may be made available | 14 | | to any The Department shall supply a
transcript of the record | 15 | | to a person interested in the
hearing on payment of the fee | 16 | | required under Section 2105-115 of the Department of | 17 | | Professional Regulation Law.
| 18 | | (b) The Department may contract for court reporting | 19 | | services, and, if it does so, the Department shall provide the | 20 | | name and contact information for the certified shorthand | 21 | | reporter who transcribed the testimony at a hearing to any | 22 | | person interested, who may obtain a copy of the transcript of | 23 | | any proceedings at a hearing upon payment of the fee specified | 24 | | by the certified shorthand reporter. | 25 | | (Source: P.A. 99-642, eff. 7-28-16.)
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| 1 | | (225 ILCS 125/140)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 140. Subpoena; depositions; oaths. | 4 | | (a) The Department has the power
to subpoena documents, | 5 | | books, records or other materials and to bring before it any | 6 | | person and
to take testimony either orally or by deposition, | 7 | | with the same fees
and mileage and in the same manner as is | 8 | | prescribed in civil cases in circuit courts of this
State.
| 9 | | (b) The Secretary, the designated hearing officer, and any | 10 | | Board member has the power to administer oaths to witnesses at | 11 | | any hearing that the Department is authorized to conduct, and | 12 | | any other oaths authorized in any Act administered by the | 13 | | Department.
| 14 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 15 | | (225 ILCS 125/150)
| 16 | | (Section scheduled to be repealed on January 1, 2020)
| 17 | | Sec. 150. Hearing; motion for Board; rehearing. | 18 | | (a) The Board or hearing officer appointed by the Secretary | 19 | | shall hear evidence in support of the formal charges and | 20 | | evidence produced by the licensee. At the conclusion of the | 21 | | hearing, the Board or hearing officer shall present to the | 22 | | Secretary a written report of its findings of fact, conclusions | 23 | | of law, and recommendations. If the Board fails to present its | 24 | | report, the applicant or licensee may request in writing a | 25 | | direct appeal to the Secretary, in which case the Secretary may |
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| 1 | | issue an order based upon the report of the hearing officer and | 2 | | the record of the proceedings or issue an order remanding the | 3 | | matter back to the hearing officer for additional proceedings | 4 | | in accordance with the order. | 5 | | (b) At the conclusion of the hearing, a copy of the Board's | 6 | | report shall be served upon the applicant or licensee by the | 7 | | Department, either personally or as provided in this Act for | 8 | | the service of a notice of hearing. Within 20 days after such
| 9 | | the service, the applicant or licensee may present to the | 10 | | Department a
motion in writing for a rehearing, which shall | 11 | | specify
the particular grounds for a rehearing. The Department | 12 | | may respond to the motion for rehearing within 20 days after | 13 | | its service on the Department. If no motion for rehearing
is | 14 | | filed, then upon the expiration of the specified time for
| 15 | | filing such a motion, or upon denial of if a motion for | 16 | | rehearing is denied ,
then upon the denial the Secretary may | 17 | | enter an order in
accordance with the recommendations of the | 18 | | Board or hearing officer ,
except as provided in Section 160 of | 19 | | this Act . If
the applicant or licensee orders a transcript of | 20 | | the record from the reporting service
and
pays for a the | 21 | | transcript of the record within the time for filing
a motion | 22 | | for rehearing, the 20-day period within which such a
motion may | 23 | | be filed shall commence upon the delivery of the
transcript to | 24 | | the applicant or licensee.
| 25 | | (c) If the Secretary disagrees in any regard with the | 26 | | report of the Board, the Secretary may issue an order contrary |
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| 1 | | to the report. | 2 | | (d) Whenever the Secretary is not satisfied that | 3 | | substantial justice has been done, the Secretary may order a | 4 | | hearing by the same or another hearing officer. | 5 | | (e) At any point in any investigation or disciplinary | 6 | | proceeding provided for in this Act, both parties may agree to | 7 | | a negotiated consent order. The consent order shall be final | 8 | | upon signature of the Secretary. | 9 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 10 | | (225 ILCS 125/170)
| 11 | | (Section scheduled to be repealed on January 1, 2020)
| 12 | | Sec. 170. Hearing officer. Notwithstanding any provision | 13 | | of this Act, the The Secretary shall have the authority
to
| 14 | | appoint an attorney
licensed to practice law in this State to | 15 | | serve as the
hearing officer in any action for refusal to | 16 | | issue, restore, or renew a license or to discipline a licensee. | 17 | | The Board may have at least one member present at any hearing | 18 | | conducted by the hearing officer.
The hearing officer shall | 19 | | have full authority
to conduct the hearing. A Board member or | 20 | | members may attend the hearing. The hearing officer
shall | 21 | | report his or her findings of fact, conclusions of law,
and | 22 | | recommendations to the Secretary and the Board.
The Board shall | 23 | | have 60 days from receipt of the report to
review the report of | 24 | | the hearing officer and to present its
findings of fact, | 25 | | conclusions of law, and recommendations to
the Secretary and to |
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| 1 | | all parties to the proceeding. If the Board fails to present | 2 | | its
report within the 60-day period, the respondent may request | 3 | | in writing a direct appeal to the Secretary, in which case the | 4 | | Secretary shall, within 7 calendar days after such request, | 5 | | issue an order directing the Board to issue its findings of | 6 | | fact, conclusions of law, and recommendations to the Secretary | 7 | | within 30 calendar days of such order. If the Board fails to | 8 | | issue its findings of fact, conclusions of law, and | 9 | | recommendations within that time frame to the Secretary after | 10 | | the entry of such order, the Secretary shall, within 30 | 11 | | calendar days thereafter, issue an order based upon the report | 12 | | of the hearing officer and the record of the proceedings in | 13 | | accordance with such order. If (i) a direct appeal is | 14 | | requested, (ii) the Board fails to issue its findings of fact, | 15 | | conclusions of law, and recommendations within its 30-day | 16 | | mandate from the Secretary or the Secretary fails to order the | 17 | | Board to do so, and (iii) the Secretary fails to issue an order | 18 | | within 30 calendar days thereafter, then the hearing officer's | 19 | | report is deemed accepted and a final decision of the | 20 | | Secretary. Notwithstanding the foregoing, should the | 21 | | Secretary, upon review, determine that substantial justice has | 22 | | not been done in the revocation, suspension, or refusal to | 23 | | issue or renew a license, or other disciplinary action taken | 24 | | per the result of the entry of such hearing officer's report, | 25 | | the Secretary may order a rehearing by the same or another | 26 | | examiner.
If the Secretary disagrees with the recommendation
of |
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| 1 | | the Board or hearing officer, he or she may issue
an order in | 2 | | contravention of the recommendation.
| 3 | | (Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| 4 | | (225 ILCS 125/185)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 185. Restoration from disciplinary status of a | 7 | | suspended or revoked license . | 8 | | (a) At any time after
the successful completion of a term | 9 | | of probation, suspension , or revocation of a license, the | 10 | | Department may
restore the license it to the licensee upon | 11 | | written recommendation of the Board unless, after an | 12 | | investigation and
a hearing, the Department Board determines | 13 | | that restoration is not in
the public interest. | 14 | | (b) Where circumstances of suspension or
revocation so | 15 | | indicate, or on the recommendation of the
Board, the Department | 16 | | may require an examination of the licensee
before restoring his | 17 | | or her license.
| 18 | | (c) No person whose license has been revoked as authorized | 19 | | in this Act may apply for restoration of that license until | 20 | | such time as provided for in the Civil Administrative Code of | 21 | | Illinois. | 22 | | (d) A license that has been suspended or revoked shall be | 23 | | considered nonrenewed for purposes of restoration and a | 24 | | licensee restoring his or her license from suspension or | 25 | | revocation must comply with the requirements for restoration as |
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| 1 | | set forth in Section 70 of this Act and any related rules | 2 | | adopted. | 3 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 4 | | (225 ILCS 125/200)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 200. Temporary Summary suspension of a license. The | 7 | | Secretary
may temporarily summarily suspend the license of a | 8 | | perfusionist
without a
hearing, simultaneously with the
| 9 | | institution of proceedings for a hearing provided for in
| 10 | | Section 120 of this Act, if the Secretary finds
that evidence | 11 | | in the Secretary's possession indicates that
continuation in | 12 | | practice would constitute an imminent danger
to the public. If | 13 | | In the event the Secretary suspends
a license of a licensed | 14 | | perfusionist without a hearing, a hearing must be commenced | 15 | | within 30 days after the suspension has occurred and
shall be | 16 | | concluded as expeditiously as may be practical.
| 17 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 18 | | (225 ILCS 125/210)
| 19 | | (Section scheduled to be repealed on January 1, 2020)
| 20 | | Sec. 210. Administrative review Review Law . | 21 | | (a) All final
administrative decisions of the Department | 22 | | are subject to
judicial review under the Administrative Review | 23 | | Law and its
rules. The term "administrative decision" is | 24 | | defined as in
Section 3-101 of the Code of Civil Procedure.
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| 1 | | (b) Proceedings for judicial review shall be commenced in | 2 | | the
circuit court of the county in which the party seeking | 3 | | review
resides. If the party seeking review is not a resident | 4 | | of
this State, venue shall be in Sangamon County.
| 5 | | (c) The Department shall not be required to certify any | 6 | | record to the court or file any answer in court, or to | 7 | | otherwise appear in any court in a judicial review proceeding, | 8 | | unless and until the Department has received from the plaintiff | 9 | | payment of the costs of furnishing and certifying the record, | 10 | | which costs shall be determined by the Department. | 11 | | (d) Failure on part of the plaintiff to file a receipt in | 12 | | court shall be grounds for dismissal of the action. | 13 | | (e) During the pendency and hearing of any and all judicial | 14 | | proceedings incident to a disciplinary action, the sanctions | 15 | | imposed upon the applicant or licensee by the Department shall | 16 | | remain in full force and effect. | 17 | | (Source: P.A. 91-580, eff. 1-1-00 .)
| 18 | | (225 ILCS 125/220)
| 19 | | (Section scheduled to be repealed on January 1, 2020)
| 20 | | Sec. 220. Unlicensed practice; violations; civil | 21 | | penalties.
| 22 | | (a) Any No person who practices shall practice , offers | 23 | | offer to practice, attempts attempt to practice,
or holds hold
| 24 | | himself or herself out to practice as a
perfusionist without | 25 | | being licensed or exempt a
license
issued
by the Department to |
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| 1 | | that person under this Act shall, in . (b) In addition to any | 2 | | other penalty provided by law, a person who
violates subsection | 3 | | (a) of this Section shall pay a civil penalty to the
Department
| 4 | | in an amount not to exceed $10,000 for each offense as | 5 | | determined by the
Department. The civil penalty shall be | 6 | | assessed by the Department after a
hearing is held in | 7 | | accordance with the provisions set forth in this Act regarding | 8 | | the provisions of a hearing for the discipline of a licensee of | 9 | | this Act .
| 10 | | (b) (c) The Department may has the authority and power to
| 11 | | investigate any actual, alleged, or suspected and all | 12 | | unlicensed activity.
| 13 | | (c) (d) The civil penalty assessed under this Act shall be | 14 | | paid within 60 days
after the effective date
of
the order | 15 | | imposing the civil penalty. The order shall constitute a final | 16 | | judgment
and
may be filed and execution had thereon in the same | 17 | | manner as a
judgment from a court of record.
| 18 | | (d) A person or entity not licensed under this Act who has | 19 | | violated any provision of this Act or its rules is guilty of a | 20 | | Class A misdemeanor for the first offense and a Class 4 felony | 21 | | for a second and subsequent offenses. (e) All moneys collected | 22 | | under this Section shall be deposited into the General | 23 | | Professions Dedicated Fund. | 24 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 25 | | (225 ILCS 125/95 rep.) |
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| 1 | | (225 ILCS 125/100 rep.) | 2 | | (225 ILCS 125/135 rep.) | 3 | | (225 ILCS 125/145 rep.) | 4 | | (225 ILCS 125/155 rep.) | 5 | | (225 ILCS 125/212 rep.) | 6 | | (225 ILCS 125/215 rep.) | 7 | | (225 ILCS 125/225 rep.) | 8 | | (225 ILCS 125/227 rep.) | 9 | | Section 15. The Perfusionist Practice Act is amended by | 10 | | repealing Sections 95, 100, 135, 145, 155, 212, 215, 225, and | 11 | | 227. | 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law. |
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