State of Illinois
90th General Assembly

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


      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,
 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.

[ Top ]