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90_HB3224 New Act 5 ILCS 80/4.19 new Creates the Certified Surgical Assistant Practice Act to regulate certified surgical assistants through licensing requirements. Amends the Regulatory Agency Sunset Act to repeal the new Act on January 1, 2009. Effective January 1, 1999. LRB9006607NTsbA LRB9006607NTsbA 1 AN ACT to create the Certified Surgical Assistant 2 Practice Act and to amend a named Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Short title. This Act may be cited as the 6 Certified Surgical Assistant Practice Act. 7 Section 5. Legislative purpose. The practice as a 8 certified surgical assistant is declared to affect the public 9 health, safety, and welfare and to be subject to 10 regulation and control in the public interest. The 11 purpose of this Act is to encourage and promote the more 12 effective utilization of the skills of operating physicians 13 by enabling them to delegate certain surgery-related tasks 14 to certified surgical assistants to the extent the delegation 15 is consistent with the health and welfare of the patient and 16 is conducted at the direction of and under the supervision of 17 the operating physician. 18 It is further declared to be a matter of public health 19 and concern that the practice as a certified surgical 20 assistant merit and receive the confidence of the public and, 21 therefore, that only qualified persons be authorized to 22 practice as a certified surgical assistant in this State. 23 This Act shall be liberally construed to best carry out these 24 subjects and purposes. 25 Section 10. Definitions. As used in this Act: 26 "Board" means the Medical Licensing Board created under 27 the Medical Practice Act of 1987. 28 "Certified Surgical assistant" means a person who is not 29 a physician licensed to practice medicine in all of its 30 branches and who is certified by the National Surgical -2- LRB9006607NTsbA 1 Assistant Association on the Certification of Surgical 2 Assistants and licensed under this Act to provide aid to 3 operating physicians in exposure, hemostasis, and other 4 technical functions that will help an operating physician to 5 perform a safe operation with optimal results for the 6 patient. 7 "Department" means the Department of Professional 8 Regulation. 9 "Director" means the Director of Professional Regulation. 10 "Direct supervision" means the supervision of a certified 11 surgical assistant by an operating physician and requires 12 that the operating physician authorize the procedure, remain 13 in the facility while the procedure is performed, and approve 14 the work performed, but does not require that the operating 15 physician be present with the patient during the procedure. 16 "Disciplinary Board" means the Illinois State Medical 17 Disciplinary Board. 18 "Operating physician" means a person licensed to practice 19 medicine in all of its branches under the Medical Practice 20 Act of 1987. 21 Section 15. Application of Act. This Act shall not be 22 construed to prohibit the following: 23 (1) A person licensed in this State under any other 24 Act from engaging in the practice for which he or she is 25 licensed, including but not limited to a physician 26 assistant or nurse performing surgery-related tasks 27 within the scope of his or her license. 28 (2) A person from engaging in the practice as a 29 certified surgical assistant in the discharge of his or 30 her official duties as an employee of the United States 31 government. 32 (3) One or more licensed certified surgical 33 assistants from forming a professional service -3- LRB9006607NTsbA 1 corporation in accordance with the Professional Service 2 Corporation Act and applying for licensure as a 3 corporation providing certified surgical assistant 4 services. 5 (4) A student engaging in the practice as a 6 surgical assistant under the direct supervision of a 7 physician licensed to practice medicine in all of its 8 branches as part of his or her program of study at a 9 school approved by the Department or in preparation to 10 qualify for the examination as prescribed under 11 subdivision (3) of subsection (a) of Section 40 of this 12 Act. 13 (5) A person from assisting in surgery at an 14 operating physician's discretion. 15 Section 20. Powers and duties of the Department. 16 (a) The Department shall exercise the powers and duties 17 prescribed by the Civil Administrative Code of Illinois for 18 the administration of licensing Acts and shall exercise any 19 other powers and duties necessary for effectuating the 20 purposes of this Act. 21 (b) The Department may adopt rules consistent with the 22 provisions of this Act for its administration and enforcement 23 and may prescribe forms that shall be issued in connection 24 with this Act. The rules may include but are not limited to 25 standards and criteria for licensure, professional conduct, 26 and discipline. 27 Section 22. Illinois Administrative Procedure Act. The 28 Illinois Administrative Procedure Act is expressly adopted 29 and incorporated in this Act as if all of the provisions of 30 that Act were included in this Act. For purposes of this Act, 31 the notice required under Section 10-25 of the Illinois 32 Administrative Procedure Act is deemed sufficient when mailed -4- LRB9006607NTsbA 1 to the last known address of a party. 2 Section 25. Role of Medical Licensing Board. All 3 matters relating to certified surgical assistants shall be 4 referred to the Medical Licensing Board, who shall make 5 recommendations to the Director. 6 Section 30. License requirement. No person shall engage 7 in the practice as a certified surgical assistant or hold 8 himself or herself out as a certified surgical assistant in 9 this State without a license issued by the Department under 10 this Act. 11 Section 32. Scope of practice. A certified surgical 12 assistant shall be allowed to assist the operating physician 13 in the performance of any surgical procedure, working under 14 the operating physician's direction. However, nothing in 15 this Act shall be construed as to allow certified surgical 16 assistants to administer any type of medication. 17 Section 35. Application for license. An application for 18 an initial license shall be made to the Department in writing 19 on forms prescribed by the Department and shall be 20 accompanied by the required nonrefundable fee. An 21 application shall require information that, in the judgment 22 of the Department, will enable the Department to evaluate the 23 qualifications of an applicant for licensure. 24 If an applicant fails to obtain a license under this Act 25 within 3 years after filing his or her application, the 26 application shall be denied. The applicant may make a new 27 application, which shall be accompanied by the required 28 nonrefundable fee. 29 Section 40. Qualifications for licensure. -5- LRB9006607NTsbA 1 (a) A person shall qualify for a license under this Act 2 if he or she: 3 (1) has applied to the Department for licensure in 4 accordance with Section 35; 5 (2) has not violated a provision of Section 70. 6 In addition, the Department may take into consideration 7 any felony conviction of the applicant, but a conviction 8 shall not operate as an absolute bar to licensure; and 9 (3) has successfully completed the examination 10 provided by the National Surgical Assistant Association 11 on the Certification of Surgical Assistants or its 12 successor agency and has met the requirements for 13 certification set forth by the National Surgical 14 Assistant Association on the Certification of Surgical 15 Assistants or its successor agency. 16 (b) The Department shall issue a license to a person who 17 has met the qualification requirements of this Section. 18 Section 42. Licensure by endorsement. The Department 19 may, in its discretion, license as a certified surgical 20 assistant an applicant who is licensed as a certified 21 surgical assistant under the laws of another state, 22 territory, or jurisdiction if (1) the requirements for 23 licensure in that jurisdiction in which the applicant was 24 licensed were, at the date of licensure, substantially 25 equivalent to the requirements then in force in this State or 26 (2) the applicant possesses individual qualifications and 27 skills that demonstrate equivalence to current Illinois 28 requirements. 29 Applicants have 3 years from the date of application to 30 complete the application process. If the process has not 31 been completed within 3 years, the application shall be 32 denied, the fee shall be forfeited, and the applicant must 33 reapply and meet the requirements in effect at the time of -6- LRB9006607NTsbA 1 reapplication. 2 Section 45. Expiration; restoration; renewal. The 3 expiration date and renewal period for each license issued 4 under this Act shall be set by the Department by rule. 5 Renewal shall be conditioned on paying the required fee and 6 meeting other requirements as may be established by rule. 7 A certified surgical assistant who has permitted his 8 or her license to expire or who has had his or her 9 license on inactive status may have the license restored 10 by making application to the Department, by filing proof 11 acceptable to the Department of his or her fitness to have 12 the license restored, and by paying the required fees. 13 Proof of fitness may include sworn evidence certifying 14 to active lawful practice in another jurisdiction. 15 If the certified surgical assistant has not maintained 16 an active practice in another jurisdiction satisfactory to 17 the Department, the Department shall determine, by an 18 evaluation program established by rule, his or her 19 fitness for restoration of the license and shall establish 20 procedures and requirements for restoration. However, a 21 certified surgical assistant whose license expired while 22 he or she was (1) in federal service on active duty with 23 the Armed Forces of the United States or the State 24 Militia called into service or training or (2) in training 25 or education under the supervision of the United States 26 before induction into the military service, may have the 27 license restored without paying any lapsed renewal fees if 28 within 2 years after honorable termination of the 29 service, training, or education he or she furnishes the 30 Department with satisfactory evidence to the effect that he 31 or she has been so engaged and that his or her service, 32 training, or education has been so terminated. -7- LRB9006607NTsbA 1 Section 47. Inactive status. A certified surgical 2 assistant who notified the Department in writing on forms 3 prescribed by the Department may elect to place his or 4 her license on an inactive status and shall, subject to 5 rules of the Department, be excused from payment of renewal 6 fees until he or she notifies the Department in writing of 7 his or her intention to restore the license. A certified 8 surgical assistant requesting restoration from inactive 9 status shall pay the current renewal fee and shall restore 10 his or her license in accordance with Section 45. A certified 11 surgical assistant whose license is on inactive status shall 12 not practice as a certified surgical assistant in this State. 13 A licensee who engages in practice as a certified surgical 14 assistant while his or her license is lapsed or on inactive 15 status shall be considered to be practicing without a 16 license, which shall be grounds for discipline under Section 17 70 of this Act. 18 Section 50. Fees; returned checks. 19 (a) The Department shall set by rule fees for the 20 administration of this Act, including but not limited to fees 21 for initial and renewal licensure and restoration of a 22 license. 23 (b) A person who delivers a check or other payment 24 to the Department that is returned to the Department 25 unpaid by the financial institution upon which it 26 is drawn shall pay to the Department, in addition to the 27 amount already owed to the Department, a fine of $50. If 28 the check or other payment was for a renewal or issuance 29 fee and that person practices without paying the renewal 30 fee or issuance fee and the fine due, an additional fine of 31 $100 shall be imposed. The fines imposed by this 32 Section are in addition to any other discipline provided 33 under this Act for unlicensed practice or practice on a -8- LRB9006607NTsbA 1 nonrenewed license. The Department shall notify the person 2 that fees and fines shall be paid to the Department by 3 certified check or money order within 30 calendar days 4 of the notification. If, after the expiration of 30 days 5 from the date of the notification, the person has failed to 6 submit the necessary remittance, the Department shall 7 automatically terminate the license or deny the 8 application without a hearing. If the person seeks a license 9 after termination or denial, he or she shall apply to the 10 Department for restoration or issuance of the license and 11 pay all fees and fines due to the Department. The Department 12 may establish a fee for the processing of an application 13 for restoration of a license to defray the expenses of 14 processing the application. The Director may waive the fines 15 due under this Section in individual cases if the Director 16 finds that the fines would be unreasonable or unnecessarily 17 burdensome. 18 Section 55. Supervision requirement. A person licensed 19 under this Act shall practice as a certified surgical 20 assistant only under the direct supervision of the operating 21 physician. 22 Section 60. Billing patients. A certified surgical 23 assistant may directly bill or otherwise charge patients for 24 services rendered. 25 Section 65. Identification. No person shall use the 26 title or perform the duties of "certified surgical assistant" 27 unless he or she is a qualified holder of a license issued by 28 the Department as provided in this Act. A certified surgical 29 assistant shall wear on his or her person a visible 30 identification indicating that he or she is certified as a 31 surgical assistant while acting in the course of his or her -9- LRB9006607NTsbA 1 duties. 2 Section 70. Grounds for disciplinary action. 3 (a) The Department may refuse to issue, renew, or 4 restore a license, may revoke or suspend a license, or may 5 place on probation, censure, reprimand, or take other 6 disciplinary action with regard to a person licensed under 7 this Act, including but not limited to the imposition of 8 fines not to exceed $5,000 for each violation, for any one or 9 combination of the following causes: 10 (1) Making a material misstatement in furnishing 11 information to the Department. 12 (2) Violating a provision of this Act or its rules. 13 (3) Conviction under the laws of a United States 14 jurisdiction of a crime that is a felony or a 15 misdemeanor, an essential element of which is dishonesty, 16 or of a crime that is directly related to the practice as 17 a certified surgical assistant. 18 (4) Making a misrepresentation for the purpose of 19 obtaining, renewing, or restoring a license. 20 (5) Wilfully aiding or assisting another person in 21 violating a provision of this Act or its rules. 22 (6) Failing to provide information within 60 days 23 in response to a written request made by the Department. 24 (7) Engaging in dishonorable, unethical, or 25 unprofessional conduct of a character likely to deceive, 26 defraud, or harm the public, as defined by rule of the 27 Department. 28 (8) Discipline by another United States 29 jurisdiction or foreign nation, if at least one of the 30 grounds for discipline is the same or substantially 31 equivalent to those set forth in this Section. 32 (9) Directly or indirectly giving to or receiving 33 from a person, firm, corporation, partnership, or -10- LRB9006607NTsbA 1 association a fee, commission, rebate, or other form of 2 compensation for professional services not actually or 3 personally rendered. 4 (10) A finding by the Disciplinary Board that the 5 licensee, after having his or her license placed on 6 probationary status, has violated the terms of probation. 7 (11) Wilfully making or filing false records or 8 reports in his or her practice, including but not limited 9 to false records or reports filed with State agencies. 10 (12) Wilfully making or signing a false statement, 11 certificate, or affidavit to induce payment. 12 (13) Wilfully failing to report an instance of 13 suspected child abuse or neglect as required under the 14 Abused and Neglected Child Reporting Act. 15 (14) Being named as a perpetrator in an indicated 16 report by the Department of Children and Family Services 17 under the Abused and Neglected Child Reporting Act and 18 upon proof by clear and convincing evidence that the 19 licensee has caused a child to be an abused child or 20 neglected child as defined in the Abused and Neglected 21 Child Reporting Act. 22 (15) Employment of fraud, deception, or any 23 unlawful means in applying for or securing a license as a 24 certified surgical assistant. 25 (16) Allowing another person to use his or her 26 license to practice. 27 (17) Failure to report to the Department (A) any 28 adverse final action taken against the licensee by 29 another licensing jurisdiction, government agency, law 30 enforcement agency, or any court or (B) liability for 31 conduct that would constitute grounds for action as set 32 forth in this Section. 33 (18) Habitual intoxication or addiction to the use 34 of drugs. -11- LRB9006607NTsbA 1 (19) Physical illness, including but not limited to 2 deterioration through the aging process or loss of motor 3 skills, which results in the inability to practice the 4 profession for which he or she is licensed with 5 reasonable judgment, skill, or safety. 6 (20) Gross malpractice resulting in permanent 7 injury or death of a patient. 8 (21) Immoral conduct in the commission of an act 9 related to the licensee's practice, including but not 10 limited to sexual abuse, sexual misconduct, or sexual 11 exploitation. 12 (22) Violation the Health Care Worker Self-Referral 13 Act. 14 (b) The Department may refuse to issue or may suspend 15 the license of a person who fails to file a return, to pay 16 the tax, penalty, or interest shown in a filed return, or to 17 pay a final assessment of the tax, penalty, or interest as 18 required by a tax Act administered by the Department of 19 Revenue, until the requirements of the tax Act are satisfied. 20 (c) The determination by a circuit court that a licensee 21 is subject to involuntary admission or judicial admission as 22 provided in the Mental Health and Developmental Disabilities 23 Code operates as an automatic suspension. The suspension will 24 end only upon (1) a finding by a court that the patient is no 25 longer subject to involuntary admission or judicial 26 admission, (2) issuance of an order so finding and 27 discharging the patient, and (3) the recommendation of the 28 Disciplinary Board to the Director that the licensee be 29 allowed to resume his or her practice. 30 Section 75. Cease and desist order. 31 (a) If a person violates a provision of this Act, the 32 Director, in the name of the People of the State of Illinois 33 through the Attorney General of the State of Illinois, or the -12- LRB9006607NTsbA 1 State's Attorney of a county in which the violation occurs, 2 may petition for an order enjoining the violation or for an 3 order enforcing compliance with this Act. Upon the filing of 4 a verified petition in court, the court may issue a temporary 5 restraining order without notice or bond and may 6 preliminarily and permanently enjoin the violation. If it is 7 established that the licensee has violated or is violating 8 the injunction, the court may punish the offender for 9 contempt of court. Proceedings under this Section shall be 10 in addition to, and not in lieu of, all other remedies and 11 penalties provided by this Act. 12 (b) If a person practices as a certified surgical 13 assistant or holds himself or herself out as a certified 14 surgical assistant without being licensed under this Act, 15 then any licensed certified surgical assistant, interested 16 party, or person injured thereby, in addition to the Director 17 or State's Attorney, may petition for relief as provided in 18 subsection (a) of this Section. 19 (c) If the Department determines that a person violated 20 a provision of this Act, the Department may issue a rule to 21 show cause why an order to cease and desist should not be 22 entered against him or her. The rule shall clearly set forth 23 the grounds relied upon by the Department and shall provide a 24 period of 7 days from the date of the rule to file an answer 25 to the satisfaction of the Department. Failure to answer to 26 the satisfaction of the Department shall cause an order to 27 cease and desist to be issued immediately. 28 Section 80. Investigation; notice; hearing. Licenses 29 may be refused, revoked, suspended, or otherwise disciplined 30 in the manner provided by this Act and not otherwise. The 31 Department may upon its own motion and shall upon the 32 verified complaint in writing of any person setting forth 33 facts that if proven would constitute grounds for refusal to -13- LRB9006607NTsbA 1 issue or for suspension or revocation under this Act, 2 investigate the actions of a person applying for, holding, or 3 claiming to hold a license. The Department shall, before 4 refusing to issue or renew, suspending, or revoking a license 5 or taking other discipline pursuant to Section 70 of this 6 Act, and at least 30 days prior to the date set for the 7 hearing, notify in writing the applicant or licensee of any 8 charges made, shall afford the applicant or licensee an 9 opportunity to be heard in person or by counsel in reference 10 to the charges, and direct the applicant or licensee to file 11 a written answer to the Department under oath within 20 days 12 after the service of the notice and inform the applicant or 13 licensee that failure to file an answer will result in 14 default being taken against the applicant or licensee and 15 that the license may be suspended, revoked, placed on 16 probationary status, or other disciplinary action may be 17 taken, including limiting the scope, nature, or extent of 18 practice, as the Director may deem proper. Written notice 19 may be served by personal delivery to the applicant or 20 licensee or by mailing the notice by certified mail to his or 21 her last known place of residence or to the place of business 22 last specified by the applicant or licensee in his or her 23 last notification to the Department. If the person fails to 24 file an answer after receiving notice, his or her license 25 may, in the discretion of the Department, be suspended, 26 revoked, or placed on probationary status or the Department 27 may take whatever disciplinary action deemed proper, 28 including limiting the scope, nature, or extent of the 29 person's practice or the imposition of a fine, without a 30 hearing, if the act or acts charged constitute sufficient 31 grounds for such action under this Act. At the time and 32 place fixed in the notice, the Department shall proceed to 33 hearing of the charges and both the applicant or licensee and 34 the complainant shall be afforded ample opportunity to -14- LRB9006607NTsbA 1 present, in person or by counsel, any statements, testimony, 2 evidence, and arguments that may be pertinent to the charges 3 or to their defense. The Department may continue a hearing 4 from time to time. If the Board is not sitting at the time 5 and place fixed in the notice or at the time and place to 6 which the hearing shall have been continued, the Department 7 may continue the hearing for a period not to exceed 30 days. 8 Section 85. Record of proceedings. The Department, at its 9 expense, shall preserve a record of all proceedings at a 10 formal hearing conducted pursuant to Section 80. The notice 11 of hearing, complaint, and all other documents in the nature 12 of pleadings and written motions filed in the proceedings, 13 the transcript of testimony, the report of the Disciplinary 14 Board or hearing officer, and orders of the Department shall 15 be the record of the proceeding. The Department shall supply 16 a transcript of the record to a person interested in the 17 hearing on payment of the fee required under Section 60f of 18 the Civil Administrative Code of Illinois. 19 Section 90. Order for production of documents. A circuit 20 court may, upon application of the Department or its 21 designee, or of the applicant or licensee against whom 22 proceedings pursuant to Section 80 of this Act are pending, 23 enter an order requiring the attendance of witnesses and 24 their testimony and the production of documents, papers, 25 files, books, and records in connection with a hearing or 26 investigation authorized by this Act. The court may compel 27 obedience to its order through contempt proceedings. 28 Section 95. Subpoena power. The Department has the power 29 to subpoena and bring before it any person in this State and 30 to take testimony orally or by deposition, with the same fees 31 and mileage and in the same manner as prescribed by law in -15- LRB9006607NTsbA 1 judicial proceedings in civil cases in circuit courts of this 2 State. The Director and any Disciplinary Board member 3 designated by the Director shall each have the authority to 4 administer, at any hearing that the Department is authorized 5 to conduct under this Act, oaths to witnesses and any other 6 oaths authorized to be administered by the Department under 7 this Act. 8 Section 100. Board report. At the conclusion of the 9 hearing, the Disciplinary Board shall present to the Director 10 a written report of its findings of fact, conclusions of law, 11 and recommendations. In the report, the Disciplinary Board 12 shall make a finding of whether or not the charged licensee 13 or applicant violated a provision of this Act or its rules 14 and shall specify the nature of the violation. In making its 15 recommendations for discipline, the Disciplinary Board may 16 take into consideration all facts and circumstances bearing 17 upon the reasonableness of the conduct of the respondent and 18 the potential for future harm to the public, including but 19 not limited to previous discipline of that respondent by the 20 Department, intent, degree of harm to the public and 21 likelihood of harm in the future, any restitution made, and 22 whether the incident or incidents complained of appear to be 23 isolated or a pattern of conduct. In making its 24 recommendations for discipline, the Disciplinary Board shall 25 seek to ensure that the severity of the discipline 26 recommended bears some reasonable relationship to the 27 severity of the violation. 28 Section 105. Motion for rehearing. In a case involving 29 the refusal to issue or renew a license or the discipline 30 of a licensee, a copy of the Disciplinary Board's report 31 shall be served upon the respondent by the Department, 32 either personally or as provided under Section 80 of this Act -16- LRB9006607NTsbA 1 for the service of the notice of hearing. Within 20 days 2 after the service, the respondent may present to the 3 Department a motion in writing for a rehearing, which shall 4 specify the particular grounds for a rehearing. If no motion 5 for rehearing is filed, then upon the expiration of the 6 time specified for filing the motion, or if a motion for 7 rehearing is denied, then upon the denial the Director may 8 enter an order in accordance with recommendations of 9 the Disciplinary Board except as provided in Section 110 or 10 115 of this Act. If the respondent orders a transcript 11 of the record from the reporting service and pays for the 12 transcript within the time for filing a motion for rehearing, 13 the 20-day period within which such a motion may be filed 14 shall commence upon the delivery of the transcript to the 15 respondent. 16 Section 110. Order of Director. 17 (a) The Director shall issue an order concerning the 18 disposition of the charges (i) following the expiration of 19 the filing period granted under Section 105 if no motion for 20 rehearing is filed or (ii) following a denial of a timely 21 motion for rehearing. 22 (b) The Director's order shall be based on the 23 recommendations contained in the Disciplinary Board's report 24 unless, after giving due consideration to the Disciplinary 25 Board's report, the Director disagrees in any regard with the 26 report of the Disciplinary Board, in which case he or she may 27 issue an order in contravention of the report. The Director 28 shall provide a written report to the Disciplinary Board on 29 any deviation from the Board's report and shall specify with 30 particularity the reasons for his or her deviation in the 31 final order. The Disciplinary Board's report and Director's 32 order are not admissible in evidence against the person in a 33 criminal prosecution brought for a violation of this Act, but -17- LRB9006607NTsbA 1 the hearing, report, and order are not a bar to a criminal 2 prosecution brought for the violation of this Act. 3 Section 115. Hearing officer. Notwithstanding the 4 provisions of Section 80 of this Act, the Director shall have 5 the authority to appoint an attorney licensed to practice law 6 in this State to serve as the hearing officer in a hearing 7 authorized under Section 80. The Director shall notify the 8 Disciplinary Board of an appointment. The hearing officer 9 shall have full authority to conduct the hearing. The 10 Disciplinary Board has the right to have at least one member 11 present at a hearing conducted by a hearing officer appointed 12 under this Section. The hearing officer shall report his or 13 her findings of fact, conclusions of law, and recommendations 14 to the Disciplinary Board and the Director. The Disciplinary 15 Board shall have 60 days from receipt of the report to review 16 the report of the hearing officer and to present its findings 17 of fact, conclusions of law, and recommendations to the 18 Director. If the Disciplinary Board fails to present its 19 report within the 60-day period, the Director shall issue an 20 order based on the report of the hearing officer. If the 21 Director disagrees in any regard with the report of the 22 Disciplinary Board or hearing officer, he or she may issue an 23 order in contravention of the report. The Director shall 24 provide a written explanation to the Disciplinary Board on a 25 deviation from the Disciplinary Board's report and shall 26 specify with particularity the reasons for his or her 27 deviation in the final order. 28 Section 120. Rehearing on order of Director. Whenever the 29 Director is not satisfied that substantial justice has been 30 achieved in the discipline of a licensee, the Director may 31 order a rehearing by the same or another hearing officer or 32 by the Disciplinary Board. -18- LRB9006607NTsbA 1 Section 125. Order; prima facie proof. An order or a 2 certified copy of an order, over the seal of the Department 3 and purporting to be signed by the Director, shall be prima 4 facie proof that: 5 (1) the signature is the genuine signature of the 6 Director; 7 (2) the Director is duly appointed and qualified; 8 and 9 (3) the Disciplinary Board and its members are 10 qualified to act. 11 Section 130. Restoration of license. At any time after 12 the suspension or revocation of a license, the Department may 13 restore it to the licensee unless, after an investigation and 14 a hearing, the Department determines that restoration is not 15 in the public interest. Where circumstances of suspension or 16 revocation so indicate, or on the recommendation of the 17 Disciplinary Board, the Department may require an examination 18 of the licensee before restoring his or her license. 19 Section 135. Surrender of license. Upon the revocation or 20 suspension of a license, the licensee shall immediately 21 surrender the license to the Department. If the licensee 22 fails to do so, the Department shall have the right to seize 23 the license. 24 Section 140. Temporary suspension. The Director may 25 temporarily suspend the license of a certified surgical 26 assistant without a hearing, simultaneously with the 27 institution of proceedings for a hearing provided for in 28 Section 80 of this Act, if the Director finds that evidence 29 in his or her possession indicates that continuation in 30 practice would constitute an imminent danger to the public. 31 If the Director temporarily suspends a license without a -19- LRB9006607NTsbA 1 hearing, a hearing by the Department shall be held within 30 2 days after the suspension has occurred and shall be concluded 3 without appreciable delay. 4 Section 150. Certificate of record. The Department shall 5 not be required to certify any record to a Court or file an 6 answer in court or otherwise appear in a court in a judicial 7 review proceeding unless there is filed in the court, with 8 the complaint, a receipt from the Department acknowledging 9 payment of the costs of furnishing and certifying the record. 10 Failure on the part of the plaintiff to file a receipt in 11 court shall be grounds for dismissal of the action. 12 Section 155. Administrative Review Law. All final 13 administrative decisions of the Department are subject to 14 judicial review under the Administrative Review Law and its 15 rules. The term "administrative decision" is defined as in 16 Section 3-101 of the Code of Civil Procedure. Proceedings for 17 judicial review shall be commenced in the circuit court of 18 the county in which the party seeking review resides. If the 19 party seeking review is not a resident of this State, venue 20 shall be in Sangamon County. 21 Section 160. Criminal penalties. A person who is found 22 to have knowingly violated Section 30, 55, or subsection 23 (a) of Section 165 of this Act is guilty of a Class A 24 misdemeanor for a first offense and is guilty of a Class 4 25 felony for a second or subsequent offense. 26 Section 165. Unlicensed practice; civil penalties. 27 (a) No person shall practice, offer to practice, attempt 28 to practice, or hold himself or herself out to practice as a 29 certified surgical assistant without a license issued by 30 the Department to that person under this Act. -20- LRB9006607NTsbA 1 (b) In addition to any other penalty provided by law, a 2 person who violates subsection (a) of this Section shall pay 3 a civil penalty to the Department in an amount not to exceed 4 $5,000 for each offense as determined by the Department. 5 The civil penalty shall be assessed by the Department 6 after a hearing is held in accordance with the provisions 7 set forth in this Act regarding a hearing for the 8 discipline of a licensee. 9 (c) The Department has the authority and power to 10 investigate any and all unlicensed activity. 11 (d) The civil penalty assessed under this Act shall be 12 paid within 60 days after the effective date of the order 13 imposing the civil penalty. The order shall constitute a 14 judgment and may be filed and execution had on the judgment 15 in the same manner as a judgment from a court of record. 16 Section 170. Deposit of moneys. All moneys collected by 17 the Department under this Act shall be deposited into the 18 Illinois State Medical Disciplinary Fund in the State 19 Treasury and shall be used for the following purposes: 20 (1) by the Illinois State Medical Disciplinary 21 Board in the exercise of its powers and performance of 22 its duties under this Act; 23 (2) for costs directly related to licensing of 24 persons under this Act; and 25 (3) for costs incurred by the Medical Licensing 26 Board in the exercise of its powers and performance of 27 its duties under this Act. 28 Section 175. Home rule powers. The regulation and 29 licensing of surgical assistants are exclusive powers and 30 functions of the State. A home rule unit shall not regulate 31 or license certified surgical assistants. This Section is a 32 limitation under subsection (h) of Section 6 of Article VII -21- LRB9006607NTsbA 1 of the Illinois Constitution. 2 Section 180. The Regulatory Agency Sunset Act is amended 3 by adding Section 4.19 as follows: 4 (5 ILCS 80/4.19 new) 5 Sec. 4.19. Act repealed on January 1, 2009. The 6 following Act is repealed on January 1, 2009: 7 The Certified Surgical Assistant Practice Act. 8 Section 999. Effective date. This Act takes effect 9 January 1, 1999.
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