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093_SB1068
LRB093 07598 AMC 07777 b
1 AN ACT concerning professional regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Clinical Laboratory Science Practice Act.
6 Section 5. Declaration of policy; purpose. It is hereby
7 declared to be a policy of this State that the practice of
8 clinical laboratory science by health care professionals
9 affects the public health, safety, and welfare and is subject
10 to control and regulation in the public interest. It is
11 further declared that clinical laboratories and clinical
12 laboratory practitioners provide essential services to
13 practitioners of the healing arts by furnishing vital
14 information that may be used in the diagnosis, prevention,
15 and treatment of disease or impairment and the assessment of
16 the health of humans. The purpose of this Act is to assure
17 better protection of public health by requiring minimum
18 qualifications for clinical laboratory practitioners and by
19 ensuring that clinical laboratory tests are performed with
20 the highest degree of professional competency by those
21 engaged in providing such services in this State.
22 Section 15. Definitions. The following words and terms
23 when used in the Act shall have the following meaning unless
24 otherwise indicated within the context:
25 "Accredited clinical laboratory education program" means
26 a program planned to provide a predetermined amount of
27 instruction and experience in clinical laboratory science,
28 medical technology, cytology, or histology that has been
29 accredited by one of the accrediting agencies recognized by
30 the U.S. Department of Education.
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1 "Board" means the Clinical Laboratory Science Board
2 appointed by the Director of Professional Regulation.
3 "Categorical technologist" means an individual eligible
4 under this Act who is qualified to perform clinical
5 laboratory testing in one or more categories of laboratory
6 testing, such as microbiology, clinical chemistry,
7 immunology, hematology, immunohematology or other areas
8 specified by the Board. The categorical technologist is
9 responsible for the establishment and implementation of
10 protocols, quality assessment, method development and
11 selection, equipment selection and maintenance, and all
12 activities related to the pre-analytical, analytical, and
13 post-analytical phases of testing. The categorical
14 technologist may also direct, supervise, consult, educate,
15 and perform research functions in their specialty area.
16 "Categorical technologist" includes a categorical scientist.
17 "CLIA '88" means the Clinical Laboratory Improvement
18 Amendments of 1988.
19 "Clinical laboratory" or "laboratory" means a site or
20 location in which clinical laboratory tests or examinations
21 are performed.
22 "Clinical laboratory practitioner" means an individual
23 who has the authority to perform clinical laboratory tests.
24 "Clinical laboratory scientist" means an individual
25 eligible under this Act that performs any clinical laboratory
26 test including those that require the exercise of independent
27 judgment. In addition, this individual is responsible for the
28 establishment and implementation of protocols, quality
29 assessment, method development and selection, equipment
30 selection and maintenance, and all activities related to the
31 pre-analytical, analytical and post-analytical phases of
32 testing. The clinical laboratory scientist may also direct,
33 supervise, consult, educate, and perform research functions.
34 "Clinical laboratory scientist" includes a medical
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1 technologist.
2 "Clinical laboratory technician" means an individual
3 eligible under this Act who is qualified to perform clinical
4 laboratory tests pursuant to established and approved
5 protocols that require limited exercise of independent
6 judgment and which are performed with oversight from a
7 clinical laboratory scientist, medical technologist,
8 technical consultant, supervisor, or laboratory director as
9 defined by the Clinical Laboratory Improvement Amendments of
10 1988 (CLIA '88) (P.L. 100-578). "Clinical laboratory
11 technician" includes a medical laboratory technician.
12 "Clinical laboratory test" or "laboratory test" means a
13 microbiological, serological, molecular, chemical,
14 biological, hematological, immunological,
15 immunohematological, cytological, biophysical, or any other
16 test or procedure performed on material derived from or
17 existing in a human body that provides information for the
18 diagnosis, prevention, or monitoring of a disease or
19 impairment or assessment of a clinical condition. Clinical
20 laboratory testing encompasses the pre-analytical,
21 analytical, and post-analytical phases of testing.
22 "Cytotechnologist" means an individual eligible under
23 this Act who is qualified to process and interpret cellular
24 material derived from the human body delineating data
25 regarding human cytopathological disease. The
26 cytotechnologist performs testing under the supervision of a
27 technical supervisor pursuant to the CLIA '88. The
28 cytotechnologist reviews and interprets gynecological
29 cytology preparations and screens non-gynecological cytology
30 preparations where final review and interpretation is the
31 responsibility of a qualified physician.
32 "Department" means the Department of Professional
33 Regulation.
34 "Director" means the Director of Professional Regulation.
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1 "Histotechnician" means an individual who is qualified to
2 process cellular and tissue components through methods of
3 selected gross dissection and description, fixation,
4 dehydration, embedding, microtomy, frozen sectioning,
5 staining, and other related procedures and techniques
6 employed in the preparation of smears, slides, and tissues.
7 This specialty also encompasses methods for antigen detection
8 and other molecular hybridization testing methods where the
9 purpose is analysis or quantification of cellular and tissue
10 components for interpretation by a qualified physician. The
11 histotechnician performs testing under the direct supervision
12 of a histotechnologist, technical consultant, supervisor, or
13 laboratory director as defined by CLIA '88.
14 "Histotechnologist" means an individual who is qualified
15 to process cellular and tissue components through methods of
16 selected gross dissection and description, fixation,
17 dehydration, embedding, microtomy, frozen sectioning,
18 staining, and other related procedures and techniques
19 employed in the preparation of smears, slides and tissues.
20 This specialty also encompasses methods for antigen detection
21 and other molecular hybridization testing methods where the
22 purpose is analysis or quantification of cellular and tissue
23 components for interpretation by a qualified physician. The
24 histotechnologist performs testing under the supervision of a
25 technical consultant, supervisor, or laboratory director as
26 defined by CLIA '88.
27 "Pathologist's assistant" means an individual who is
28 qualified to perform surgical pathology specimen examinations
29 and post-mortem examinations. This specialty also encompasses
30 related functions which are necessary to insure the
31 successful completion or processing of the above. The
32 pathologist's assistant performs testing under the
33 supervision of a qualified pathologist. The functions of the
34 pathologist's assistant shall be to assist a pathologist in
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1 arriving at a final diagnosis. Rendering the final diagnosis,
2 however, is the responsibility of a pathologist.
3 "Point of care testing" means clinical testing that is so
4 critical to patient care that it must be performed
5 immediately at or near the patient. Tests meeting this
6 definition provide clinically relevant information that
7 direct therapy, are limited to procedures that produce
8 accurate and precise data in a short period of time, meet the
9 current standards of quality in laboratory science, and
10 comply with all standards of accrediting agencies. The term
11 does not include a clinical laboratory test performed in a
12 physician's office laboratory.
13 "Waived test" means a simple laboratory examination or
14 procedure, as defined by the CLIA '88 and approved by the
15 Board.
16 Section 20. Exemptions. This Act does not apply to any
17 of the following:
18 (1) A person licensed in this State under any other
19 Act who engages in the practice for which he or she is
20 licensed, providing the Act specifically authorizes him
21 or her to perform laboratory testing.
22 (2) Clinical laboratory practitioners employed by
23 the United States government or any bureau, division, or
24 agency thereof while in the discharge of the employee's
25 official duties.
26 (3) Clinical laboratory practitioners engaged in
27 teaching or research, provided that the results of any
28 examination performed are not used in health maintenance,
29 diagnosis, or treatment of disease.
30 (4) Students or trainees enrolled in a clinical
31 laboratory education program, provided that these
32 activities constitute a part of a planned course in the
33 program, that the persons are designated by title such as
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1 intern, trainee, or student, and the persons work
2 directly under (i) an individual licensed by this State
3 to practice clinical laboratory science, (ii) a person
4 exempt from licensure under this Act by item (3) of this
5 Section, or (iii) a licensed physician.
6 (5) A person solely performing waived tests under
7 the Clinical Laboratory Improvement Amendments of 1988
8 (P.L. 100-578).
9 (6) Personnel performing point of care testing
10 provided that, within the point of care testing
11 laboratory, a licensed Clinical laboratory scientist,
12 medical technologist, categorical technologist, clinical
13 laboratory technician, or licensed physician is
14 responsible for all of the following:
15 (A) Designing and providing or supervising the
16 training programs for the point of care testing
17 personnel.
18 (B) Supervising and monitoring the quality
19 assurance and quality control activities of the
20 testing site.
21 (C) Assisting in the selection of technology.
22 (D) Reviewing the results of proficiency
23 testing and recommending corrective action, if
24 necessary.
25 (E) Monitoring the continued competency of the
26 testing personnel. Failure to comply with the above
27 requirements subjects the point of care testing
28 personnel to the loss of the exemption.
29 (7) Histotechnicians and histotechnologists who
30 perform clinical laboratory testing under the supervision
31 of a technical consultant, supervisor, or laboratory
32 director as defined by the CLIA '88.
33 (8) Pathologist's assistants who perform clinical
34 laboratory testing under the supervision of a qualified
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1 pathologist.
2 Section 25. License required.
3 (a) Beginning January 1, 2004, no person shall perform
4 or consult regarding clinical laboratory tests or hold
5 himself or herself out as a clinical laboratory practitioner
6 in the State unless he or she is licensed under this Act.
7 (b) All persons performing or consulting regarding
8 clinical laboratory tests on the effective date of this Act
9 who are certified by or eligible for certification by an
10 agency acceptable to the Department and who have applied to
11 the Department on or before January 1, 2004 and have complied
12 with all necessary requirements for application may continue
13 to perform clinical laboratory tests until (1) the expiration
14 of 12 months after filing the application, (2) the denial of
15 the application by the Department, or (3) the withdrawal of
16 the application, whichever occurs first.
17 (c) Before January 1, 2006, a person not meeting the
18 education, training, and experience qualifications for a
19 license under this Act may be granted licensure if they have
20 3 years of acceptable experience at the professional level
21 for which licensure is sought immediately prior to the
22 effective date of this Act and submit to the Board the job
23 description of the position that the applicant has most
24 recently performed, attested to by his or her employer.
25 (D) Beginning January 1, 2006, no initial license shall
26 be issued until an applicant meets all of the requirements
27 under this Act and successfully completes a national
28 certification examination authorized by the Department.
29 Section 30. Administration.
30 (a) The Department shall adopt rules consistent with the
31 provisions of this Act for the administration and enforcement
32 thereof and may prescribe the forms that shall be issued in
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1 connection with this Act. The rules shall include standards
2 and criteria for licensure and professional conduct and
3 discipline. The Department shall consult with the Board in
4 adopting rules. Notice of proposed rulemaking shall be
5 transmitted to the Board and the Department shall review the
6 Board's response and any recommendations the Board makes. The
7 Department shall notify the Board in writing with an
8 explanation of its deviations from the Board's
9 recommendations and response.
10 (b) The Department may solicit the advice and expert
11 knowledge of the Board on any matter relating to the
12 administration and enforcement of this Act.
13 (c) The Department shall issue to the Board a quarterly
14 report of the status of all complaints related to the
15 profession received by the Department.
16 Section 35. Clinical Laboratory Science Board.
17 (a) There is hereby created a Clinical Laboratory
18 Science Board within the Department of Professional
19 Regulation which shall consist of 8 persons who have been
20 residents of this State for at least 2 years prior to their
21 appointment and who are actively engaged in their areas of
22 practice. The Director may make appointments to the Board
23 from lists submitted by organizations of clinical laboratory
24 science practitioners and organizations of physician
25 pathologists.
26 (b) The Board shall be composed of the following
27 members: (i) one physician certified by the American Board of
28 Pathology or the American Board of Osteopathic Pathology;
29 (ii) 6 clinical laboratory practitioners who, except for
30 initial appointments, hold active and valid licenses as
31 clinical laboratory practitioners in this State, at least one
32 of whom is a non-physician laboratory director, as defined by
33 the CLIA '88, 2 of whom are clinical laboratory scientists,
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1 one of whom is a clinical laboratory technician, and one of
2 whom is a cytotechnologist; and (iii) one public member who
3 is not associated with or financially interested in the
4 practice of clinical laboratory science.
5 (c) Board members shall serve for a term of 3 years and
6 until their successors are appointed and qualified, except
7 that the initial appointments, which shall be made within 60
8 days after the effective date of this Act, shall be as
9 follows:
10 (1) A pathologist, a non-physician laboratory
11 director, as defined by the CLIA '88, and 2 clinical
12 laboratory practitioners shall be appointed to serve for
13 3 years.
14 (2) A public representative shall be appointed to
15 serve for 2 years.
16 (3) The remaining members shall be appointed to
17 serve for one year.
18 (d) Whenever a vacancy shall occur on the Board by
19 reason other than the expiration of a term of office, the
20 Director shall appoint a successor of like qualifications for
21 the remainder of the unexpired term. No person shall be
22 appointed to serve more than 2 successive 3-year terms.
23 (e) The Director shall have the authority to remove any
24 member of the Board from office for neglect of any duty
25 required by law or for incompetency or unprofessional or
26 dishonorable conduct.
27 (f) The Director shall consider the recommendations of
28 the Board on questions involving standards of professional
29 conduct, discipline, and qualifications of applicants or
30 licensees under this Act.
31 Section 40. Standards for licensure.
32 (a) The Department shall issue a clinical laboratory
33 scientist license to an individual who meets the
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1 qualifications promulgated by the Department, including
2 successful completion of a national certification examination
3 at the clinical laboratory scientist level authorized by the
4 Department and at least one of the following:
5 (1) Baccalaureate degree in clinical laboratory
6 science or medical technology or the equivalent from an
7 accredited college or university and successful
8 completion of an accredited clinical laboratory science
9 or medical technology education program.
10 (2) Baccalaureate degree from an accredited college
11 or university and completion of 36 semester hours in the
12 biological, chemical, or medical laboratory sciences in
13 addition to or part of the baccalaureate degree and
14 successful completion of an accredited clinical
15 laboratory science or medical technology education
16 program or successful completion of a 50-week or more
17 military medical laboratory training program.
18 (3) Baccalaureate degree from an accredited college
19 or university and completion of 36 semester hours in the
20 biological, chemical, or medical laboratory sciences in
21 addition to or part of the baccalaureate degree,
22 certified as a clinical laboratory technician, and
23 completion of the equivalent of 2 years of full-time
24 clinical laboratory work experience within the last 4
25 years. This experience must have included a minimum of 4
26 months in each of the 4 major clinical laboratory
27 disciplines (chemistry or urinalysis, hematology,
28 immunohematology, and microbiology).
29 (4) Baccalaureate degree from an accredited college
30 or university and completion of 36 semester hours in the
31 biological, chemical, or medical laboratory sciences in
32 addition to or part of the baccalaureate degree and
33 completion of the equivalent of 4 years of full-time
34 clinical laboratory work experience within the last 8
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1 years. This experience must have included a minimum of 4
2 months in each of the 4 major clinical laboratory
3 disciplines (chemistry or urinalysis, hematology,
4 immunohematology, and microbiology).
5 (b) The Department shall issue a categorical
6 technologist license to an individual who meets such
7 qualifications as promulgated by the Department, including
8 successful completion of a categorical examination offered by
9 a national certification organization authorized by the
10 Department and at least one of the following:
11 (1) For the categories of microbiology and
12 chemistry, (i) a baccalaureate degree from an accredited
13 college or university, (ii) successful completion of 30
14 semester hours in the biological, chemical, or medical
15 laboratory sciences, and (iii) one year of full-time
16 experience within the last 10 years in the category for
17 which licensure is sought or successful completion of a
18 structured training program that is under the auspices of
19 an accredited medical technology or clinical laboratory
20 science education program in the category for which
21 licensure is sought.
22 (2) For the categories of hematology, immunology,
23 and immunohematology, (i) a baccalaureate degree from an
24 accredited college or university, (ii) successful
25 completion of 30 semester hours in the biological,
26 chemical or medical laboratory sciences, and (iii) 2
27 years of full-time experience within the last 10 years in
28 the category for which licensure is sought or successful
29 completion of a structured training program that is under
30 the auspices of an accredited medical technology or
31 clinical laboratory science education program in the
32 category for which licensure is sought.
33 (3) A masters or doctorate in a chemical,
34 biological, or medical laboratory science from an
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1 accredited college or university and 6 months of full
2 time acceptable clinical laboratory experience or
3 clinical laboratory training within the last 10 years in
4 the category for which licensure is sought.
5 The Department may establish other categorical
6 technologist licenses as necessary, provided that the
7 licenses require a baccalaureate or graduate degree in an
8 appropriate field, clinical training or work experience, and
9 national certification.
10 (c) The Department shall issue a clinical laboratory
11 technician license to an individual who meets such
12 qualifications as promulgated by the Department, which shall
13 include successful completion of a national certification
14 examination at the clinical laboratory technician level
15 authorized by the Department and at least one of the
16 following:
17 (1) Associate's degree or 60 semester hours from an
18 accredited post-secondary academic institution and
19 successful completion of an accredited clinical
20 laboratory technician education program.
21 (2) Associate's degree or 60 semester hours from an
22 accredited post-secondary academic institution with 24
23 semester hours of college course work in the biological,
24 chemical, or medical laboratory sciences, including 6
25 semester hours of chemistry and 6 semester hours of
26 biology and successful completion of a 50-week or more
27 military medical laboratory training program.
28 (3) Associate's degree or 60 semester hours from an
29 accredited post-secondary academic institution with 24
30 semester hours of college course work in the biological,
31 chemical, or medical laboratory sciences, including 6
32 semester hours of chemistry and 6 semester hours of
33 biology and successful completion of an approved
34 laboratory or clinical assistant education program, and
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1 completion of the equivalent of one year of full-time
2 clinical laboratory work experience within the last 2
3 years. This experience must have included a minimum of 3
4 months in each of the 4 major clinical laboratory
5 disciplines (chemistry or urinalysis, hematology,
6 immunohematology, and microbiology). Laboratory work
7 experience must be under the supervision of a certified
8 clinical laboratory scientist, certified clinical
9 laboratory technician, clinical laboratory scientist
10 consultant, or the equivalent.
11 (4) Associate's degree or 60 semester hours from an
12 accredited post-secondary academic institution with 24
13 semester hours of college course work in the biological,
14 chemical, or medical laboratory sciences, including 6
15 semester hours of chemistry and 6 semester hours of
16 biology and completion of the equivalent of 2 years of
17 full-time clinical laboratory work experience within the
18 last 4 years. This experience must have included a
19 minimum of 3 months in each of the 4 major clinical
20 laboratory disciplines (chemistry or urinalysis,
21 hematology, immunohematology, and microbiology).
22 Completion of one year of the laboratory work experience
23 must be under the supervision of a certified clinical
24 laboratory scientist, certified clinical laboratory
25 technician, clinical laboratory scientist consultant, or
26 the equivalent.
27 (d) The Department shall issue a cytotechnologist
28 license to an individual who meets such qualifications as
29 promulgated by the Department, which shall include successful
30 completion of a national certification examination at the
31 cytotechnologist level authorized by the Department and a
32 baccalaureate degree from an accredited college or university
33 with 20 semester hours of biological science and 8 semester
34 hours of chemical science, and successful completion of an
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1 accredited cytology laboratory education program.
2 Section 45. Temporary license.
3 (a) Licensure applicants that qualify by education,
4 experience, or training but have not taken or passed an
5 approved nationally recognized certification examination may
6 be granted a temporary license that will allow that
7 individual to engage in the practice of clinical laboratory
8 science at the appropriate level. The temporary license will
9 be valid for 6 months and can be renewed twice upon failure
10 to pass an approved nationally recognized certification
11 examination.
12 (b) Internationally trained licensure applicants must
13 have their transcripts evaluated by a transcript evaluation
14 agency acceptable to the Department and submitted directly to
15 the national certifying agency. The evaluation must indicate
16 that the applicant's education is equivalent to that which is
17 required for licensure of U.S. graduates in the level of
18 licensure being sought. Upon submission of proof to the
19 Department of acceptance to sit for the certification
20 examination the individual may apply for a temporary license
21 in the corresponding category.
22 Section 50. Waiver of requirements. The Department of
23 Professional Regulation shall adopt rules providing
24 procedures for waiver of the requirements under Section 40
25 for all applicants who hold a valid license or equivalent
26 issued by another state if the requirements under which that
27 license or equivalent was issued are equivalent to or exceed
28 the standards required by this Act.
29 Section 55. Licensure application procedures.
30 (a) Licensure applicants shall submit their application
31 for licensure to the Department upon the forms prescribed and
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1 furnished by the Department and shall pay the designated
2 application fee.
3 (b) Upon receipt of an application and payment of a fee,
4 the Department shall issue a license for a clinical
5 laboratory scientist, categorical technologist, clinical
6 laboratory technician, or cytotechnologist, to any person who
7 meets the qualifications specified in this Act and the rules
8 adopted pursuant to this Act.
9 Section 60. Licensure renewal.
10 (a) A license issued under this Act shall expire 2 years
11 after receipt.
12 (b) Every person licensed under this Act shall be issued
13 a renewal license upon (i) submission of an application for
14 renewal on a form prescribed by the Department and payment of
15 an appropriate fee determined by the Department and (ii)
16 proof of completion, in the period since the license was
17 first issued or last renewed, of at least 24 hours of
18 continuing education courses, clinics, lectures, training
19 programs, seminars, or other programs related to clinical
20 laboratory practice that are approved or accepted by the
21 Board or proof of recertification by a national accrediting
22 organization that mandates an annual minimum of 12 hours of
23 continuing education.
24 (c) The Department may require other such evidence of
25 competency as it shall deem reasonably appropriate as a
26 prerequisite to the renewal of any license provided for in
27 this Act, so long as the requirements are uniform as to
28 application, are reasonably related to the measurement of
29 qualification, performance, or competence, and are desirable
30 and necessary for the protection of the public health.
31 Section 65. Disciplinary grounds.
32 (a) The Department may refuse to issue or renew or
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1 revoke a license, may suspend, place on probation, censure,
2 or reprimand a licensee, or may take such other disciplinary
3 action as the Department may deem appropriate, including the
4 imposition of a civil penalty not to exceed $5,000 for
5 conduct that may result from but not necessarily be limited
6 to any of the following:
7 (1) A material misstatement in furnishing
8 information to the Department.
9 (2) A violation or negligent or intentional
10 disregard of this Act or the rules adopted pursuant to
11 this Act.
12 (3) A conviction of any crime under the laws of the
13 United States or any state or territory thereof which is
14 a felony or a misdemeanor, an essential element of which
15 is dishonesty or of any crime which is directly related
16 to the practice of the profession.
17 (4) Making any misrepresentation for the purpose of
18 obtaining registration or violating any provision of this
19 Act.
20 (5) Professional incompetence.
21 (6) Malpractice.
22 (7) Failing to provide information in response to a
23 written request made by the Department within 60 days
24 after receipt of the request.
25 (8) Discipline by another state, territory, or
26 country if at least one of the grounds for the discipline
27 is the same or substantially equivalent to those set
28 forth in this Act.
29 (9) Directly or indirectly giving to or receiving
30 from any person, firm, corporation, partnership, or
31 association any fee, commission, rebate, or other form of
32 compensation for any professional services not actually
33 rendered.
34 (10) A finding by the Department that the licensee,
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1 after having his license placed on probationary status,
2 has violated the terms of probation.
3 (11) Wilfully making or filing false records or
4 reports in his or her practice, including but not limited
5 to, false records filed with State agencies or
6 departments.
7 (12) Violation of any standard of professional
8 conduct adopted by the Department.
9 (13) Engaging in dishonorable, unethical, or
10 unprofessional conduct of a character likely to deceive,
11 defraud, or harm the public.
12 (14) Providing professional services while mentally
13 incompetent or under the influence of alcohol or narcotic
14 or controlled dangerous substance that is in excess of
15 therapeutic amounts or without valid medical indication.
16 (15) Directly or indirectly contracting to perform
17 clinical laboratory tests in a manner that offers or
18 implies an offer of rebate, fee-splitting inducements or
19 arrangements, or other remuneration.
20 (16) Aiding or assisting another person in
21 violating any provision of this Act or any rule adopted
22 pursuant to this Act.
23 (b) The determination by a circuit court that a licensee
24 is subject to involuntary admission or judicial admission as
25 provided in the Mental Health and Developmental Disabilities
26 Code operates as an automatic suspension. Such suspension
27 will terminate only upon a finding by a court that the
28 patient is no longer subject to involuntary admission or
29 judicial admission and the issuance of an order so finding
30 and discharging the patient, and upon the recommendation of
31 the Board to the Director that the registrant be allowed to
32 resume practice.
33 (c) The Department may refuse to issue or may suspend
34 the registration of any person who fails to file a return, to
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1 pay the tax, penalty, or interest shown in a filed return, or
2 any final assessment of tax, penalty, or interest, as
3 required by any tax Act administered by the Illinois
4 Department of Revenue, until such time as the requirements of
5 such tax Act are satisfied.
6 Section 70. Injunction; cease and desist order.
7 (a) If any person violates a provision of the Act, the
8 Director may, in the name of the People of the State of
9 Illinois, through the Attorney General of the State of
10 Illinois, petition for an order enjoining such violation or
11 for an order enforcing compliance with the Act. Upon the
12 filing of a verified petition in such court, the court may
13 issue a temporary restraining order, without notice or bond,
14 and may preliminarily and permanently enjoin such violation,
15 and if it is established that such person has violated or is
16 violating this injunction, the Court may punish the offender
17 for contempt of court. Proceeding under this Section shall be
18 in addition to, and not in lieu of, all other remedies and
19 penalties provided by the Act.
20 (b) If any person shall practice as a clinical
21 laboratory practitioner or hold himself out as such without
22 having a valid license required under this Act, then any
23 licensee, any interested party, or any person injured thereby
24 may, in addition to the Director, petition for relief as
25 provided in subsection (a) of the Section.
26 (c) Whenever in the opinion of the Department any person
27 violates any provision of the Act, the Department may issue a
28 rule to show cause why an order to cease and desist should
29 not be entered against him. The rule shall clearly set forth
30 the grounds relied upon by the Department and shall provide a
31 period of 7 days from the date of the rule to file an answer
32 to the satisfaction of the Department. Failure to answer to
33 the satisfaction of the Department shall cause an order to
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1 cease and desist to be issued.
2 Section 75. Investigations. The Department may
3 investigate the actions of any applicant or of any person or
4 persons holding or claiming to hold a license to engage in
5 the practice of clinical laboratory science. Before refusing
6 to issue or renew a license, the Department shall notify in
7 writing the applicant or holder of the nature of the charges
8 and that a hearing will be held on the date designated. Such
9 notice shall be sent at least 10 calendar days prior to the
10 date set for the hearing. Such written notice may be served
11 by personal delivery or certified or registered mail to the
12 respondent at the address of his last notification to the
13 Department. At the time and place fixed in the notice, the
14 Board shall proceed to hear the charges and the parties or
15 their counsel shall be accorded ample opportunity to present
16 such statements, testimony, evidence and argument as may be
17 pertinent to the charges or to the defense thereto. The Board
18 may continue such hearing.
19 Section 80. Record of proceedings. The Department, at
20 its expense, shall preserve a record of all proceedings at
21 the formal hearing of any case involving the refusal to issue
22 or renew a license. The notice of hearing, complaint and all
23 other documents in the nature of pleadings and written
24 motions filed in the proceedings, the transcript of
25 testimony, the report of the Board and orders of the
26 Department shall be the record of such proceedings.
27 Section 85. Compel witnesses. Any circuit court may,
28 upon application of the Department or its designee, or of the
29 applicant or licensee against whom proceedings under Section
30 70 of the Act are pending, enter an order requiring the
31 attendance of witnesses and their testimony, and the
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1 production of documents, papers, files, books, and records in
2 connection with any hearing or investigation. The court may
3 compel obedience to its order by proceedings for contempt.
4 Section 90. Findings of fact, conclusions of law, and
5 recommendations. At the conclusion of the hearing, the Board
6 shall present to the Director a written report of its
7 findings and recommendations. The report shall contain a
8 finding whether or not the accused person violated this Act
9 or failed to comply with the conditions required in this Act.
10 The Board shall specify the nature of the violation or
11 failure to comply, and shall make its recommendations to the
12 Director.
13 The report of findings of fact, conclusions of law, and
14 recommendations of the Board shall be the basis for the
15 Department's order for refusal or for the granting of a
16 license or for other disciplinary action. If the Director
17 disagrees in any regard with the report of the Board, the
18 Director may issue an order in contravention thereof. The
19 Director shall provide a written report to the Board on any
20 deviation and shall specify with particularity the reasons
21 for such action in the final order. The finding is not
22 admissible in evidence against the person in a criminal
23 prosecution brought for the violation of this Act, but the
24 hearing and finding are not a bar to a criminal prosecution
25 brought for the violation of this Act.
26 Section 95. Motion for rehearing. In any case involving
27 the refusal to issue or renew a license or to discipline a
28 licensee, a copy of the Board's report shall be served upon
29 the respondent by the Department, either personally or as
30 provided in this Act for the service of the notice of
31 hearing. Within 20 calendar days after such service, the
32 respondent may present to the Department a motion in writing
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1 for a rehearing, which motion shall specify the particular
2 grounds therefor. If no motion for rehearing is filed, then
3 upon the expiration of the time specified for filing such a
4 motion, or if a motion for rehearing is denied, then upon
5 such denial the Director may enter an order in accordance
6 with recommendations of the Board, except as provided for in
7 Section 85. If the respondent shall order from the reporting
8 service, and pay for a transcript of the record within the
9 time for filing a motion for rehearing, the 20 calendar day
10 period within which such a motion may be filed shall commence
11 upon the delivery of the transcript to the respondent.
12 Section 100. Rehearing. Whenever the Director is not
13 satisfied that substantial justice has been done in the
14 revocation, suspension or refusal to issue or renew a
15 license, the Director may order a rehearing by the same or
16 other examiners.
17 Section 105. Hearing officer. The Director shall have
18 the authority to appoint any attorney duly licensed to
19 practice law in the State of Illinois to serve as the hearing
20 officer in any action or refusal to issue or renew a license
21 or discipline a licensee. The Director shall notify the Board
22 of any such appointment. The hearing officer shall have full
23 authority to conduct the hearing. The hearing officer shall
24 report his finding of fact, conclusions of law, and
25 recommendations to the Board and the Director. The Board
26 shall have 60 days from receipt of the report to review the
27 report of the hearing officer and present its own findings of
28 fact, conclusions of law and recommendations to the Director.
29 If the Board fails to present its report within the 60 day
30 period, the Director shall issue an order based on the report
31 of the hearing officer. If the Director disagrees in any
32 regard with the report of the Board or hearing officer, he
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1 may issue an order in contravention thereof. The Director
2 shall provide a written explanation to the Board of any such
3 deviation and shall specify with particularity the reasons
4 for such action in the final order. At least 2 licensed
5 clinical laboratory practitioner members of the Board shall
6 be present at all formal hearings on the merits of complaints
7 brought under the provisions of this Act.
8 Section 110. Prima facie proof. An order or a certified
9 copy thereof, over the seal of the Department and purporting
10 to be signed by the Director, shall be prima facie proof
11 that:
12 (1) the signature is the genuine signature of the
13 Director;
14 (2) the Director is duly appointed and qualified;
15 and
16 (3) the Board and its members are qualified to act.
17 Section 115. Restoration. At any time after the
18 suspension or revocation of any license, the Department may
19 restore the license to the accused person, upon the written
20 recommendation of the Board, unless after an investigation
21 and a hearing, the Board determines that restoration is not
22 in the public interest.
23 Section 120. Surrender of license. Upon the revocation
24 or suspension of any license, the licensee shall forthwith
25 surrender the license to the Department, and if the licensee
26 fails to do so, the Department shall have the right to seize
27 the license.
28 Section 125. Temporary suspension. The Director may
29 temporarily suspend the license of a clinical laboratory
30 practitioner without a hearing, simultaneously with the
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1 institution of proceedings for a hearing as provided in
2 Section 70 of this Act, if the Director finds that evidence
3 in his or her possession indicates that a clinical laboratory
4 practitioner's continuation in practice would constitute an
5 imminent danger to the public. In the event that the Director
6 suspends temporarily the license of a clinical laboratory
7 practitioner without a hearing, a hearing by the Board must
8 be held within 30 calendar days after such suspension has
9 occurred.
10 Section 130. Judicial review. All final administrative
11 decisions of the Department are subject to judicial review
12 pursuant to the provisions of the Administrative Review Law
13 and all rules adopted pursuant thereto. The term
14 "administrative decision" is defined as in Section 3-101 of
15 the Administrative Review Law. Proceedings for judicial
16 review shall be commenced in the circuit court of the county
17 in which the party applying for review resides. If the party
18 is not a resident of this State, the venue shall be in
19 Sangamon County.
20 Section 135. Certification of record. The Department
21 shall not be required to certify any record to the court or
22 file any answer in court or otherwise appear in any court in
23 a judicial review proceeding, unless there is filed in the
24 court, with the complaint, a receipt from the Department
25 acknowledging payment of the costs of furnishing and
26 certifying the record, which costs shall be computed at the
27 actual cost per page of such record. Failure on the part of
28 the plaintiff to file such receipt in court shall be grounds
29 for dismissal of the action.
30 Section 140. Criminal penalties. Any person who is found
31 to have violated any provision of the Act is guilty of a
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1 Class A misdemeanor for the first offense, and a Class 4
2 felony for second and subsequent offenses.
3 Section 145. Illinois Administrative Procedure Act. The
4 Illinois Administrative Procedure Act is hereby expressly
5 adopted and incorporated herein as if all of the provisions
6 of such Act were included in this Act, except that the
7 provision of paragraph (d) of Section 10-65 of The Illinois
8 Administrative Procedure Act, which provides that at hearings
9 the licensee has the right to show compliance with all lawful
10 requirements for retention, continuation, or renewal of the
11 license is specifically excluded. For the purpose of this
12 Act, the notice required under Section 10-25 of The Illinois
13 Administrative Procedure Act is deemed sufficient when mailed
14 to the last know address of a party.
15 Section 150. Home rule. The regulation and licensing of
16 clinical laboratory practitioners are exclusive powers and
17 functions of the State. A unit of local government, including
18 home rule units, may not regulate or license clinical
19 laboratory practitioners. This Section is a denial and
20 limitation under subsection (h) of Section 6 of Article VII
21 of the Illinois Constitution.
22 Section 997. Severability. The provisions of this Act
23 are severable under Section 1.31 of the Statute on Statutes.
24 Section 999. Effective date. This Act takes effect upon
25 becoming law.
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