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91_HB1726
LRB9101986ACdv
1 AN ACT to create the Certified Surgical Technologist and
2 Certified Surgical Technologist/Certified First Assistant
3 Practice Act and to amend the Regulatory Sunset Act.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 1. Short title. This Act may be cited as the
7 Certified Surgical Technologist and Certified Surgical
8 Technologist/Certified First Assistant Practice Act.
9 Section 5. Legislative purpose. The practice as a
10 certified surgical technologist and as a certified surgical
11 technologist/certified first assistant is declared to affect
12 the public health, safety, and welfare and to be subject to
13 regulation and control in the public interest. The purpose
14 of this Act is to encourage and promote the more effective
15 utilization of the skills of operating physicians by enabling
16 them to delegate certain surgery-related tasks to certified
17 surgical technologists and certified surgical
18 technologist/certified first assistants to the extent the
19 delegations are consistent with the health and welfare of the
20 patient and are conducted at the direction of and under the
21 supervision of the operating physician.
22 It is further declared to be a matter of public health
23 and concern that the practice as a certified surgical
24 technologist and certified surgical technologist/certified
25 first assistant merit and receive the confidence of the
26 public and that only qualified persons be authorized to
27 practice as certified surgical technologists and certified
28 surgical technologist/certified first assistants in this
29 State. This Act shall be liberally construed to best carry
30 out these objectives and purposes.
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1 Section 10. Definitions. As used in this Act:
2 "Board" means the Medical Licensing Board created under
3 the Medical Practice Act of 1987.
4 "Certified surgical technologist" or "CST" means a person
5 who is not a physician licensed to practice medicine in all
6 of its branches and who is certified by the Liaison Council
7 on Certification for the Surgical Technologist (LCC-ST) and
8 licensed under this Act to facilitate the safe and effective
9 conduct of invasive surgical procedures. This individual
10 works under the supervision of a surgeon to ensure that the
11 operating room or environment is safe, that the equipment
12 functions properly, and that the operative procedure is
13 conducted under conditions that maximize patient safety. A
14 "certified surgical technologist" possesses expertise in the
15 theory and application of sterile and aseptic technique and
16 combines the knowledge of human anatomy, surgical procedures,
17 and implementation tools and technologies to facilitate a
18 physician's performance of invasive therapeutic and
19 diagnostic procedures.
20 "Certified surgical technologist/certified first
21 assistant" or "CST/CFA" means a person who is not a physician
22 licensed to practice medicine in all of its branches and who
23 is certified by the Liaison Council on Certification for the
24 Surgical Technologist (LCC-ST) and is licensed under this
25 Act to provide aid to operating physicians in exposure,
26 hemostasis, and other technical functions that will help an
27 operating physician perform a safe operation with optimal
28 results for the patient. In addition, the "CST/CFA"
29 demonstrates the principles of safe positioning of the
30 surgical patient, provides visualization of the operative
31 site during the operative procedure, demonstrates the proper
32 techniques to assist the surgeon in providing hemostasis,
33 demonstrates the appropriate techniques to assist with the
34 closure of body planes, expedites the operative procedure by
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1 anticipating the needs of the surgeon, demonstrates advanced
2 knowledge of normal and pathological anatomy and physiology,
3 and demonstrates knowledge of emergency situations.
4 "Department" means the Department of Professional
5 Regulation.
6 "Director" means the Director of Professional Regulation.
7 "Direct supervision" means the supervision of a certified
8 surgical assistant by an operating physician and requires
9 that the operating physician authorize the procedure, remain
10 in the facility while the procedure is performed, and approve
11 the work performed, but does not require that the operating
12 physician be present with the patient during the procedure.
13 "Disciplinary Board" means the Illinois State Medical
14 Disciplinary Board.
15 "Operating physician" means a person licensed to practice
16 medicine in all of its branches under the Medical Practice
17 Act of 1987.
18 Section 15. Application of Act. This Act shall not be
19 construed to prohibit the any of the following:
20 (1) A person licensed in this State under any other
21 Act from engaging in the practice for which he or she is
22 licensed, including without limitation a physician
23 assistant or nurse performing surgery-related tasks
24 within the scope of his or her license.
25 (2) A person from engaging in the practice as a CST
26 or CST/CFA in the discharge of his or her official duties
27 as an employee of the United States government.
28 (3) One or more licensed CSTs or CST/CFAs from
29 forming a professional service corporation in accordance
30 with the Professional Service Corporation Act and
31 applying for licensure as a corporation providing
32 certified surgical assistant services.
33 (4) A student engaging in the practice as a
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1 surgical technologist or surgical first assistant under
2 the direct supervision of a physician licensed to
3 practice medicine in all of its branches as part of his
4 or her program of study at a school approved by the
5 Department or in preparation to qualify for the
6 examination as prescribed under Section 50 of this Act.
7 (5) A person from assisting in surgery at an
8 operating physician's discretion.
9 Section 20. Powers and duties of the Department. The
10 Department shall exercise the powers and duties prescribed by
11 the Civil Administrative Code of Illinois for the
12 administration of licensing Acts and shall exercise any other
13 powers and duties necessary for effectuating the purposes of
14 this Act.
15 The Department may adopt rules consistent with the
16 provisions of this Act for its administration and enforcement
17 and may prescribe forms that shall be issued in connection
18 with this Act. The rules may include, but are not limited
19 to, standards and criteria for licensure, professional
20 conduct, and discipline.
21 Section 25. Illinois Administrative Procedure Act. The
22 Illinois Administrative Procedure Act is expressly adopted
23 and incorporated in this Act as if all of the provisions of
24 that Act were included in this Act. For the purposes of this
25 Act, the notice required under Section 10-25 of the Illinois
26 Administrative Procedure Act is deemed sufficient when mailed
27 to the last known address of a party.
28 Section 30. Role of Medical Licensing Board. All
29 matters relating to CSTs and CST/CFAs shall be referred to
30 the Medical Licensing Board, which shall make recommendations
31 to the Director.
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1 Section 35. Licensure requirement. No person shall
2 engage in the practice as a CST or CST/CFA or hold himself or
3 herself out as a CST or CST/CFA in this State without a
4 license issued by the Department under this Act.
5 Section 40. Scope of practice. A CST or CST/CFA shall
6 be allowed to assist the operating physician in the
7 performance of any surgical procedure when working under the
8 operating physician's direction. However, nothing in this Act
9 shall be construed to allow CSTs or CST/CFAs to administer
10 any type of medication.
11 Section 45. Application for license. An application for
12 an initial license shall be made to the Department in writing
13 on forms prescribed by the Department and shall be
14 accompanied by the required nonrefundable fee. An
15 application shall require information that, in the judgment
16 of the Department, will enable the Department to evaluate the
17 qualifications of an applicant for licensure.
18 If an applicant fails to obtain a license under this Act
19 within 3 years after filing his or her application, the
20 application shall be denied. The applicant may make a new
21 application, which shall be accompanied by the required
22 nonrefundable fee.
23 Section 50. Qualifications for licensure.
24 (a) A person shall qualify for a license under this Act
25 if he or she has applied to the Department for licensure in
26 accordance with Section 45 of this Act, has not violated a
27 provision of Section 70, and has done one of the following:
28 (1) to be licensed as a CST, has successfully
29 completed the surgical technologist national
30 certification examination provided by the Liaison Council
31 on Certification for the Surgical Technologist
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1 (LCC-ST) or its successor agency and has met the
2 requirements for certification set forth by the LCC-ST or
3 its successor agency; or
4 (2) to be licensed as a CST/CFA, has successfully
5 completed the first assistant national certification
6 examination provided by the Liaison Council on
7 Certification for the Surgical Technologist (LCC-ST) or
8 is successor agency and has met the requirements for its
9 certification set forth by the LCC-ST or its successor
10 agency.
11 In addition, the Department may take into consideration
12 any felony conviction of the applicant, but a conviction
13 shall not operate as an absolute bar to licensure.
14 (b) The Department shall issue a license to a person who
15 has met the qualification requirements of this Section.
16 Section 55. Licensure by endorsement. The Department
17 may, in its discretion, license as a CST or CST/CFA an
18 applicant who is licensed as a CST or CST/CFA under the laws
19 of another state, territory, or jurisdiction if (i) the
20 requirements for licensure in that jurisdiction in which the
21 applicant was licensed were, at the date of licensure,
22 substantially equivalent to the requirements then in force in
23 this State or (ii) the applicant possesses individual
24 qualifications and skills that demonstrate equivalence to
25 current Illinois requirements. Applicants have 3 years
26 from the date of application to complete the application
27 process. If the process has not been completed within 3
28 years, the application shall be denied, the fee shall be
29 forfeited, and the applicant must reapply and meet the
30 requirements in effect at the time of reapplication.
31 Section 60. Expiration; restoration; renewal.
32 (a) The expiration date and renewal period for each
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1 license issued under this Act shall be set by the Department
2 by rule. Renewal shall be conditioned on paying the required
3 fee and meeting other requirements as may be established by
4 rule.
5 (b) A CST or CST/CFA who has permitted his or her
6 license to expire or who has had his or her license on
7 inactive status may have the license restored by making
8 application to the Department, by filing proof acceptable to
9 the Department of his or her fitness to have the license
10 restored, and by paying the required fees. Proof of fitness
11 may include sworn evidence certifying to active lawful
12 practice in another jurisdiction. If the CST or CST/CFA has
13 not maintained an active practice in another jurisdiction
14 satisfactory to the Department, the Department shall
15 determine, by an evaluation program established by rule, his
16 or her fitness for restoration of the license and shall
17 establish procedures and requirements for restoration.
18 (c) A CST or CST/CFA whose license expired while he or
19 she was (i) on active duty with the armed forces of the
20 United States, (ii) called into service of training with the
21 State Militia, or (iii) in training or education under the
22 supervision of the United States government before induction
23 into the military service may have his or her license
24 restored without paying any lapsed renewal fees if, within 2
25 years after honorable termination of the service, training,
26 or education, he or she furnishes the Department with
27 satisfactory evidence that he or she has been so engaged and
28 that his or her service, training, or education has been so
29 terminated.
30 Section 65. Inactive status. A CST or CST/CFA who
31 notifies the Department in writing on forms prescribed by the
32 Department may elect to place his or her license on inactive
33 status and shall, subject to rules of the Department, be
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1 excused from payment of renewal fees until he or she notifies
2 the Department in writing of his or her intention to resume
3 active status.
4 A CST or CST/CFA requesting restoration from inactive
5 status shall pay the current renewal fee and shall restore
6 his or her license in accordance with Section 60 of this Act.
7 A CST or CST/CFA whose license is on inactive status
8 shall not practice as a CST or CST/CFA in this State. A
9 licensee who engages in practice as a CST or CST/CFA while
10 his or her license is lapsed or on inactive status shall be
11 considered to be practicing without a license, which shall be
12 grounds for discipline under Section 90 of this Act.
13 Section 70. Fees; returned checks.
14 (a) The Department shall set by rule fees for the
15 administration of this Act, including but not limited to fees
16 for initial and renewal licensure and restoration of a
17 license.
18 (b) A person who delivers a check or other payment to
19 the Department that is returned to the Department unpaid by
20 the financial institution upon which it is drawn shall pay to
21 the Department, in addition to the amount already owed to the
22 Department, a fine of $50. If the check or other payment was
23 for a renewal or issuance fee and that person practices
24 without paying the renewal fee or issuance fee and the fine
25 due, an additional fine of $100 shall be imposed. The fines
26 imposed by this Section are in addition to any other
27 discipline provided under this Act for unlicensed practice or
28 practice on a nonrenewed license. The Department shall
29 notify the person that fees and fines shall be paid to the
30 Department by certified check or money order within 30
31 calendar days after the notification. If, after the
32 expiration of 30 days from the date of the notification, the
33 person has failed to submit the necessary remittance, the
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1 Department shall automatically terminate the license or deny
2 the application without a hearing. If the person seeks a
3 license after termination or denial, he or she shall apply to
4 the Department for restoration or issuance of the license and
5 pay all fees and fines due to the Department. The Department
6 may establish a fee for the processing of an application for
7 restoration of a license to defray the expenses of processing
8 the application. The Director may waive the fines due under
9 this Section in individual cases if the Director finds that
10 the fines would be unreasonable or unnecessarily burdensome.
11 Section 75. Supervision requirement. A person licensed
12 under this Act shall practice as a CST or CST/CFA only under
13 the direct supervision of an operating physician.
14 Section 80. Billing patients. A CST/CFA may directly
15 bill or otherwise charge patients for services rendered.
16 Section 85. Identification. No person shall use the
17 title or perform the duties of "certified surgical
18 technologist" or "certified surgical technologist/certified
19 first assistant" unless he or she is a qualified holder of a
20 license issued by the Department as provided in this Act. A
21 CST or CST/CFA shall wear on his or her person visible
22 identification indicating that he or she is licensed as a CST
23 or CST/CFA while acting in the course of his or her duties.
24 Section 90. Grounds for disciplinary action.
25 (a) The Department may refuse to issue, renew, or
26 restore a license, may revoke or suspend a license, or may
27 place on probation, censure, reprimand, or take other
28 disciplinary action with regard to a person licensed under
29 this Act, including but not limited to the imposition of
30 fines not to exceed $5,000 for each violation for any one or
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1 combination of the following causes:
2 (1) Making a material misstatement in furnishing
3 information to the Department.
4 (2) Violating a provision of this Act or its rules.
5 (3) Conviction under the laws of a United States
6 jurisdiction of a crime that is a felony or a
7 misdemeanor, an essential element of which is dishonesty,
8 or of a crime that is directly related to the practice as
9 a CST or CST/CFA.
10 (4) Making a misrepresentation for the purpose of
11 obtaining, renewing, or restoring a license.
12 (5) Willfully aiding or assisting another person in
13 violating a provision of this Act or its rules.
14 (6) Failing to provide information within 60 days
15 in response to a written request made by the Department.
16 (7) Engaging in dishonorable, unethical, or
17 unprofessional conduct of a character likely to deceive,
18 defraud, or harm the public, as defined by rule of the
19 Department.
20 (8) Discipline by another United States
21 jurisdiction or foreign nation, if at least one of the
22 grounds for discipline is the same or substantially
23 equivalent to those set forth in this Section.
24 (9) Directly or indirectly giving to or receiving
25 from a person, firm, corporation, partnership, or
26 association a fee, commission, rebate, or other form of
27 compensation for professional services not actually or
28 personally rendered.
29 (10) A finding by the Disciplinary Board that the
30 licensee, after having his or her license placed on
31 probationary status, has violated the terms of probation.
32 (11) Willfully making or filing false records or
33 reports in his or her practice, including but not limited
34 to false records or reports filed with State agencies.
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1 (12) Willfully making or signing a false statement,
2 certificate, or affidavit to induce payment.
3 (13) Willfully failing to report an instance of
4 suspected child abuse or neglect as required under the
5 Abused and Neglected Child Reporting Act.
6 (14) Being named as a perpetrator in an indicated
7 report by the Department of Children and Family Services
8 under the Abused and Neglected Child Reporting Act and
9 upon proof by clear and convincing evidence that the
10 licensee has caused a child to be an abused child or
11 neglected child as defined in the Abused and Neglected
12 Child Reporting Act.
13 (15) Employment of fraud, deception, or any
14 unlawful means in applying for or securing a license as a
15 CST or CST/CFA.
16 (16) Allowing another person to use his or her
17 license to practice.
18 (17) Failure to report to the Department any
19 adverse final action taken against the licensee by
20 another licensing jurisdiction, government agency, law
21 enforcement agency, or court or liability for conduct
22 that would constitute grounds for action as set forth in
23 this Section.
24 (18) Habitual intoxication or addiction to the use
25 of drugs.
26 (19) Physical illness, including but not limited
27 to, deterioration through the aging process or loss of
28 motor skills that results in the inability to practice
29 the profession for which he or she is licensed with
30 reasonable judgement, skill, or safety.
31 (20) Gross malpractice resulting in permanent
32 injury or death of a patient.
33 (21) Immoral conduct in the commission of an act
34 related to the licensee's practice, including but not
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1 limited to sexual abuse, sexual misconduct, or sexual
2 exploitation.
3 (22) Violation of the Health Care Worker
4 Self-Referral Act.
5 (b) The Department may refuse to issue or may suspend
6 the license of a person who fails to file a tax return, to
7 pay the tax, penalty, or interest shown in a filed return, or
8 to pay a final assessment of the tax, penalty, or interest as
9 required by a tax Act administered by the Department of
10 Revenue, until the requirements of the tax Act are satisfied.
11 (c) The determination by a circuit court that a licensee
12 is subject to involuntary admission or judicial admission as
13 provided in the Mental Health and Developmental Disabilities
14 Code operates as an automatic suspension. The suspension will
15 end only upon (i) a finding by a court that the patient is
16 no longer subject to involuntary admission or judicial
17 admission, (ii) issuance of an order so finding and
18 discharging the patient, and (iii) the recommendation of the
19 Disciplinary Board to the Director that the licensee be
20 allowed to resume his or her practice.
21 Section 95. Injunctions; cease and desist order.
22 (a) If a person violates a provision of this Act, the
23 Director, in the name of the People of the State of Illinois,
24 through the Attorney General of the State of Illinois or the
25 State's Attorney of a county in which the violation occurs,
26 may petition for an order enjoining the violation or for an
27 order enforcing compliance with this Act. Upon the filing of
28 a verified petition in court, the court may issue a temporary
29 restraining order without notice or bond and may
30 preliminarily and permanently enjoin the violation. If it is
31 established that the licensee has violated or is violating
32 the injunction, the court may punish the offender for
33 contempt of court. Proceedings under this Section shall be
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1 in addition to, and not in lieu of, all other remedies and
2 penalties provided by this Act.
3 (b) If a person practices or holds himself or herself
4 out as a CST or CST/CFA without being licensed under this
5 Act, then any licensed CST or CST/CFA, interested party, or
6 person injured thereby, in addition to the Director or
7 State's Attorney, may petition for relief as provided in
8 subsection (a) of this Section.
9 (c) If the Department determines that a person violated
10 a provision of this Act, the Department may issue a rule to
11 show cause why an order to cease and desist should not be
12 entered against him or her. The rule shall clearly set forth
13 the grounds relied upon by the Department and shall provide a
14 period of 7 days after the date of the rule to file an answer
15 to the satisfaction of the Department. Failure to answer to
16 the satisfaction of the Department shall cause an order to
17 cease and desist to be issued immediately.
18 Section 100. Investigation; notice; hearing. Licenses
19 may be refused, revoked, suspended, or otherwise disciplined
20 in the manner provided by this Act and not otherwise. The
21 Department may upon its own motion and shall upon the
22 verified complaint in writing of any person setting forth
23 facts that if proven would constitute grounds for refusal to
24 issue or for suspension or revocation under this Act,
25 investigate the actions of a person applying for, holding, or
26 claiming to hold a license. The Department shall, before
27 refusing to issue or renew, suspending, or revoking a license
28 or taking other discipline pursuant to Section 90 of this
29 Act, at least 30 days prior to the date set for the hearing,
30 (i) notify in writing the applicant or licensee of any
31 charges made, (ii) direct the applicant or licensee to file
32 a written answer to the Department under oath within 20 days
33 after the service of the notice, and (iii) inform the
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1 applicant or licensee that failure to file an answer will
2 result in default being taken against the applicant or
3 licensee and that the license may be suspended, revoked,
4 placed on probationary status, or other disciplinary action
5 may be taken, including limiting the scope, nature, or extent
6 of practice, as the Director may deem proper. Written notice
7 may be served by personal delivery to the applicant or
8 licensee or by mailing the notice by certified mail to his or
9 her last known place of residence or to the place of business
10 last specified by the applicant or licensee in his or her
11 last notification to the Department. If the person fails to
12 file an answer after receiving notice, his or her license
13 may, in the discretion of the Department, be suspended,
14 revoked, or placed on probationary status or the Department
15 may take whatever disciplinary action deemed proper,
16 including limiting the scope, nature, or extent of the
17 person's practice or the imposition of a fine without a
18 hearing if the act or acts charged constitute sufficient
19 grounds for such action under this Act. At the time and
20 place fixed in the notice, the Department shall proceed to
21 hearing of the charges and both the applicant or licensee and
22 the complainant shall be afforded ample opportunity to
23 present, in person or by counsel, any statements, testimony,
24 evidence, and arguments that may be pertinent to the charges
25 or to their defense. The Department may continue a hearing
26 from time to time. If the Board is not sitting at the time
27 and place fixed in the notice or at the time and place to
28 which the hearing shall have been continued, the Department
29 may continue the hearing for a period not to exceed 30 days.
30 Section 105. Record of proceedings. The Department, at
31 its expense, shall preserve a record of all proceedings at a
32 formal hearing conducted pursuant to Section 100. The notice
33 of hearing, complaint, all other documents in the nature of
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1 pleadings and written motions filed in the proceedings, the
2 transcript of testimony, the report of the Disciplinary Board
3 or hearing officer, and orders of the Department shall be the
4 record of the proceeding. The Department shall supply a
5 transcript of the record to any person interested in the
6 hearing upon payment of the fee required under Section 60f of
7 the Civil Administrative Code of Illinois.
8 Section 110. Witnesses; production of documents. A
9 circuit court, upon application of the Department or its
10 designee, applicant, or licensee against whom proceedings
11 pursuant to Section 100 of this Act are pending, enter an
12 order requiring the attendance of witnesses and their
13 testimony and the production of documents, papers, files,
14 books, and records in connection with a hearing or
15 investigation authorized by this Act. The court may compel
16 obedience to its order through contempt proceedings.
17 Section 115. Subpoena power. The Department has the
18 power to subpoena and bring before it any person in this
19 State and to take testimony, orally or by deposition, with
20 the same fees and mileage and in the same manner as
21 prescribed by law in judicial proceedings in civil cases in
22 circuit courts of this State. The Director and any
23 Disciplinary Board member designated by the Director shall
24 each have the authority to administer, at any hearing that
25 the Department is authorized to conduct under this Act, oaths
26 to witnesses and any other oaths authorized to be
27 administered by the Department under this Act.
28 Section 120. Board report. At the conclusion of the
29 hearing, the Disciplinary Board shall present to the Director
30 a written report of its findings of fact, conclusions of law,
31 and recommendations. In the report, the Disciplinary Board
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1 shall make a finding of whether or not the charged licensee
2 or applicant has violated a provision of this Act or its
3 rules and shall specify the nature of the violation. In
4 making its recommendations for discipline, the Disciplinary
5 Board may take into consideration all facts and circumstances
6 bearing upon the reasonableness of the conduct of the
7 respondent and the potential for future harm to the public,
8 including but not limited to previous discipline of that
9 respondent by the Department, intent, degree of harm to the
10 public, likelihood of harm in the future, any restitution
11 made, and whether the incident or incidents complained of
12 appear to be isolated or a pattern of conduct. In making its
13 recommendations for discipline, the Disciplinary Board shall
14 seek to ensure that the severity of the discipline
15 recommended bears some reasonable relationship to the
16 severity of the violation.
17 Section 125. Motion for rehearing. In a case involving
18 the refusal to issue or renew a license or the discipline of
19 a licensee, a copy of the Disciplinary Board's report shall
20 be served upon the respondent by the Department, either
21 personally or as provided under Section 100 of this Act for
22 the service of the notice of hearing. Within 20 days after
23 service, the respondent may present to the Department a
24 motion in writing for a rehearing, which shall specify the
25 particular grounds for a rehearing. If no motion for
26 rehearing is filed, then upon the expiration of the time
27 specified for filing the motion, or if a motion for rehearing
28 is denied, then upon the denial the Director may enter an
29 order in accordance with recommendations of the Disciplinary
30 Board except as provided in Section 130 or 135 of this Act.
31 If the respondent orders a transcript of the record from the
32 reporting service and pays for the transcript within the time
33 for filing a motion for rehearing, the 20-day period within
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1 which such a motion may be filed shall commence upon the
2 delivery of the transcript to the respondent.
3 Section 130. Director's order.
4 (a) The Director shall issue an order concerning the
5 disposition of the charges (i) following the expiration of
6 the filing period granted under Section 125 if no motion for
7 rehearing is filed or (ii) following a denial of a timely
8 motion for rehearing.
9 (b) The Director's order shall be based on the
10 recommendations contained in the Disciplinary Board's report
11 unless, after giving due consideration to the Disciplinary
12 Board's report, the Director disagrees in any regard with the
13 report of the Disciplinary Board, in which case he or she may
14 issue an order in contravention of the report. The Director
15 shall provide a written report to the Disciplinary Board on
16 any deviation from the Board's report and shall specify with
17 particularity the reasons for his or her deviation in the
18 final order. The Disciplinary Board's report and Director's
19 order are not admissible as evidence against the person in a
20 criminal prosecution brought for a violation of this Act, but
21 the hearing, report, and order are not a bar to a criminal
22 prosecution brought for the violation of this Act.
23 Section 135. Hearing officer. Notwithstanding the
24 provisions of Section 100 of this Act, the Director shall
25 have the authority to appoint an attorney licensed to
26 practice law in this State to serve as the hearing officer in
27 a hearing authorized under Section 100. The Director shall
28 notify the Disciplinary Board of the appointment. The
29 hearing officer shall have full authority to conduct the
30 hearing. The Disciplinary Board has the right to have at
31 least one member present at a hearing conducted by a hearing
32 officer appointed under this Section. The hearing officer
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1 shall report his or her findings of fact, conclusions of law,
2 and recommendations to the Disciplinary Board and the
3 Director. The Disciplinary Board shall have 60 days after
4 receipt of the report to review the report of the hearing
5 officer and to present its findings of fact, conclusions of
6 law, and recommendations to the Director. If the
7 Disciplinary Board fails to present its report within the
8 60-day period, the Director shall issue an order based on the
9 report of the hearing officer. If the Director disagrees in
10 any regard with the report of the Disciplinary Board or
11 hearing officer, he or she may issue an order in
12 contravention of the report. The Director shall provide a
13 written explanation to the Disciplinary Board of a deviation
14 from the Disciplinary Board's report and shall specify with
15 particularity the reasons for his or her deviation in the
16 final order.
17 Section 140. Rehearing on order of Director. Whenever
18 the Director is not satisfied that substantial justice has
19 been achieved in the discipline of a licensee, the Director
20 may order a rehearing by the same or another hearing officer
21 or by the Disciplinary Board.
22 Section 145. Order; prima facie proof. An order or a
23 certified copy of an order, over the seal of the Department
24 and purporting to be signed by the Director, shall be prima
25 facie proof that:
26 (1) the signature is the genuine signature of the
27 Director;
28 (2) the Director is duly appointed and qualified;
29 and
30 (3) the Disciplinary Board and its members are
31 qualified to act.
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1 Section 150. Restoration of license. At any time after
2 the suspension or revocation of a license, the Department may
3 restore it to the licensee unless, after an investigation and
4 a hearing, the Department determines that restoration is not
5 in the public interest. Where circumstances of suspension or
6 revocation so indicate, or on the recommendation of the
7 Disciplinary Board, the Department may require an examination
8 of the licensee before restoring his or her license.
9 Section 155. Surrender of license. Upon the revocation
10 or suspension of a license, the licensee shall immediately
11 surrender the license to the Department. If the licensee
12 fails to do so, the Department shall have the right to seize
13 the license.
14 Section 160. Temporary suspension. The Director may
15 temporarily suspend the license of a CST or CST/CFA without a
16 hearing, simultaneously with the institution of proceedings
17 for a hearing provided for in Section 100 of this Act, if the
18 Director finds that evidence in his or her possession
19 indicates that continuation in practice would constitute an
20 imminent danger to the public. If the Director temporarily
21 suspends a license without a hearing, a hearing by the
22 Department shall be held within 30 days after the suspension
23 has occurred and shall be concluded without appreciable
24 delay.
25 Section 165. Certificate of record. The Department
26 shall not be required to certify any record to a court or
27 file an answer in court or otherwise appear in a court in a
28 judicial review proceeding unless there is filed in the
29 court, with the complaint, a receipt from the Department
30 acknowledging payment of the costs of furnishing and
31 certifying the record. Failure on the part of the plaintiff
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1 to file a receipt in court shall be grounds for dismissal of
2 the action.
3 Section 170. Administrative Review Law. All final
4 administrative decisions of the Department are subject to
5 judicial review under the Administrative Review Law and its
6 rules. The term "administrative decision" is defined as in
7 Section 3-101 of the Code of Civil Procedure.
8 Proceedings for judicial review shall be commenced in the
9 circuit court of the county in which the party seeking review
10 resides. If the party seeking review is not a resident of
11 this State, venue shall be in Sangamon County.
12 Section 175. Criminal penalties. A person who is found
13 to have knowingly violated Sections 35 or 75 or subsection
14 (a) of Section 180 of this Act is guilty of a Class A
15 misdemeanor for a first offense and is guilty of a Class 4
16 felony for a second or subsequent offense.
17 Section 180. Unlicensed practice; civil penalties.
18 (a) No person shall practice, offer to practice, attempt
19 to practice, or hold himself or herself out to practice as a
20 CST or CST/CFA without a license issued by the Department to
21 that person under this Act.
22 (b) In addition to any other penalty provided by law, a
23 person who violates subsection (a) of this Section shall pay
24 a civil penalty to the Department in an amount not to exceed
25 $5,000 for each offense, as determined by the Department.
26 The civil penalty shall be assessed by the Department after a
27 hearing is held in accordance with the provisions set forth
28 in this Act regarding a hearing for the discipline of a
29 licensee.
30 (c) The Department has the authority and power to
31 investigate any and all unlicensed activity.
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1 (d) The civil penalty assessed under this Act shall be
2 paid within 60 days after the effective date of the order
3 imposing the civil penalty. The order shall constitute a
4 judgment and may be filed and execution had on the judgment
5 in the same manner as a judgment from a court of record.
6 Section 170. Deposit of moneys. All moneys collected by
7 the Department under this Act shall be deposited into the
8 Illinois State Medical Disciplinary Fund in the State
9 Treasury and shall be used for the following purposes:
10 (1) by the Illinois State Medical Disciplinary
11 Board in the exercise of its powers and the performance
12 of its duties under this Act;
13 (2) for costs directly related to licensing of
14 persons under this Act; and
15 (3) for costs incurred by the Medical Licensing
16 Board in the exercise of its powers and the performance
17 of its duties under this Act.
18 Section 175. Home rule powers. The regulation and
19 licensing of CSTs and CST/CFAs are exclusive powers and
20 functions of the State. A home rule unit shall not regulate
21 or license CSTs and CST/CFAs. This Section is a limitation
22 under subsection (h) of Section 6 of Article VII of the
23 Illinois Constitution.
24 Section 950. The Regulatory Sunset Act is amended by
25 adding Section 4.20 as follows:
26 (5 ILCS 80/4.20 new)
27 Sec. 4.20. Act repealed on January 1, 2010. The following
28 Act is repealed on January 1, 2010:
29 The Certified Surgical Technologist and Certified
30 Surgical Technologist/Certified First Assistant Practice Act.
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1
2 Section 999. Effective date. This Act takes effect
3 January 1, 2000.