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91_HB2265
LRB9100935ACtmA
1 AN ACT concerning certified surgical assistants.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Certified Surgical Assistant Practice Act.
6 Section 5. Legislative purpose and intent. Practice as
7 a certified surgical assistant in the State of Illinois is
8 declared to affect the public health, safety, and welfare and
9 to be subject to regulation and control in the
10 public interest. The purpose and legislative intent of
11 this Act is to encourage and promote the more effective
12 utilization of the skills of physicians by enabling them to
13 delegate certain surgery related tasks to surgical assistants
14 when the delegation is consistent with the health and welfare
15 of the patient and is conducted at the direction of and under
16 the responsible supervision of the physician.
17 It is further declared to be a matter of public health
18 and concern that the practice as a certified surgical
19 assistant merit and receive the confidence of the public and,
20 therefore, that only qualified persons be authorized to
21 practice as a certified surgical assistant in the State of
22 Illinois. This Act shall be liberally construed to best
23 carry out these subjects and purposes.
24 Section 10. Definitions. As used in this Act:
25 "Certified surgical assistant" means a person who is not
26 a physician licensed to practice medicine in all of its
27 branches and who is certified by the National Surgical
28 Assistant Association on the Certification of Surgical
29 Assistants and licensed under this Act to provide aid to
30 operating physicians in exposure, hemostasis, and other
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1 technical functions that will help an operating physician to
2 perform a safe operation with optimal results for the
3 patient.
4 "Department" means the Department of Professional
5 Regulation.
6 "Director" means the Director of Professional Regulation.
7 "Physician" or "operating physician" means a person
8 licensed to practice medicine in all of its branches under
9 the Medical Practice Act of 1987.
10 Section 15. Powers and duties of the Department.
11 (a) The Department shall exercise the powers and duties
12 prescribed by the Civil Administrative Code of Illinois for
13 the administration of licensing Acts and shall exercise any
14 other powers and duties necessary for effectuating the
15 purposes of this Act.
16 (b) The Department may adopt rules consistent with the
17 provisions of this Act for its administration and enforcement
18 and may prescribe forms that shall be issued in connection
19 with this Act. The rules may include but are not limited to
20 standards and criteria for licensure, professional conduct,
21 and discipline.
22 Section 20. Illinois Administrative Procedure Act; rules.
23 (a) The Illinois Administrative Procedure Act is
24 expressly adopted and incorporated in this Act as if all of
25 the provisions of the Illinois Administrative Procedure Act
26 were included in this Act, except that the provision of
27 subsection (d) of Section 10-65 of the Illinois
28 Administrative Procedure Act that provides that at hearings
29 the licensee has the right to show compliance with all lawful
30 requirements for retention, continuation, or renewal of the
31 license is specifically excluded. For purposes of this Act,
32 the notice required under Section 10-25 of the Illinois
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1 Administrative Procedure Act is deemed sufficient when mailed
2 to the last known address of a party.
3 (b) The Director may promulgate rules for the
4 administration and enforcement of this Act and may prescribe
5 forms to be issued in connection with this Act.
6 Section 30. Application for license. An application for
7 an initial license shall be made to the Department in writing
8 on forms prescribed by the Department and shall be
9 accompanied by the required nonrefundable fee. An
10 application shall require information that, in the judgment
11 of the Department, will enable the Department to evaluate the
12 qualifications of an applicant for licensure.
13 If an applicant fails to obtain a license under this Act
14 within 3 years after filing his or her application, the
15 application shall be denied. The applicant may make a new
16 application, which shall be accompanied by the required
17 nonrefundable fee.
18 Section 35. Social Security Number on license
19 application. In addition to any other information required
20 to be contained in the application, every application for an
21 original, renewal, or restored license under this Act shall
22 include the applicant's Social Security Number.
23 Section 40. License requirement. No person shall engage
24 in the practice as a certified surgical assistant or hold
25 himself or herself out as a certified surgical assistant in
26 this State without a license issued by the Department under
27 this Act.
28 Section 45. Application of Act. This Act shall not be
29 construed to prohibit the following:
30 (1) A person licensed in this State under any other
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1 Act from engaging in the practice for which he or she is
2 licensed, including but not limited to a physician
3 assistant or nurse performing surgery-related tasks
4 within the scope of his or her license.
5 (2) A person from engaging in the practice as a
6 certified surgical assistant in the discharge of his or
7 her official duties as an employee of the United States
8 government.
9 (3) One or more licensed certified surgical
10 assistants from forming a professional service
11 corporation in accordance with the Professional Service
12 Corporation Act and applying for licensure as a
13 corporation providing certified surgical assistant
14 services.
15 (4) A student engaging in the practice as a
16 surgical assistant under the direct supervision of a
17 physician licensed to practice medicine in all of its
18 branches as part of his or her program of study at a
19 school approved by the Department or in preparation to
20 qualify for the examination as prescribed under
21 subdivision (3) of subsection (a) of Section 55 of this
22 Act.
23 (5) A person from assisting in surgery at an
24 operating physician's discretion.
25 (6) Hospitals, health systems or networks, or any
26 other organizations that provide surgery-related services
27 from employing individuals that the organization
28 considers competent to assist in surgery. These entities
29 shall not be required to utilize licensed certified
30 surgical assistants when providing surgery-related
31 services to their patients.
32 Section 50. Scope of practice. A certified surgical
33 assistant shall be allowed to assist the operating physician
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1 in the performance of any surgical procedure, working under
2 the operating physician's direction. However, nothing in
3 this Act shall be construed to allow certified surgical
4 assistants to administer any type of medication.
5 Section 55. Qualifications for licensure.
6 (a) A person shall qualify for a license under this Act
7 if he or she:
8 (1) has applied to the Department for licensure in
9 accordance with Section 30 of this Act;
10 (2) has not violated a provision of Section 105 of
11 this Act; in addition, the Department may take into
12 consideration any felony conviction of the applicant, but
13 a conviction shall not operate as an absolute bar to
14 licensure; and
15 (3) has successfully completed the examination
16 provided by the National Surgical Assistant Association
17 on the Certification of Surgical Assistants or its
18 successor agency and has met the requirements for
19 certification set forth by the National Surgical
20 Assistant Association on the Certification of Surgical
21 Assistants or its successor agency.
22 (b) The Department shall issue a license to a person who
23 has met the qualification requirements of this Section.
24 Section 60. Licensure by endorsement. The Department
25 may, in its discretion, license as a certified surgical
26 assistant an applicant who is licensed as a certified
27 surgical assistant under the laws of another state,
28 territory, or jurisdiction if (1) the requirements for
29 licensure in that jurisdiction in which the applicant was
30 licensed were, at the date of licensure, substantially
31 equivalent to the requirements then in force in this State or
32 (2) the applicant possesses individual qualifications and
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1 skills that demonstrate equivalence to current Illinois
2 requirements.
3 Applicants have 3 years from the date of application to
4 complete the application process. If the process has not
5 been completed within 3 years, the application shall be
6 denied, the fee shall be forfeited, and the applicant must
7 reapply and meet the requirements in effect at the time of
8 reapplication.
9 Section 65. Supervision requirement. A person licensed
10 under this Act shall practice as a certified surgical
11 assistant only under the direct supervision of the operating
12 physician.
13 Section 70. Identification. No person shall use the
14 title or perform the duties of "certified surgical assistant"
15 unless he or she is a qualified holder of a license issued by
16 the Department as provided in this Act. A certified surgical
17 assistant shall wear on his or her person a visible
18 identification indicating that he or she is certified as a
19 surgical assistant while acting in the course of his or her
20 duties.
21 Section 90. Expiration; restoration; renewal. The
22 expiration date and renewal period for each license issued
23 under this Act shall be set by the Department by rule.
24 Renewal shall be conditioned on paying the required fee and
25 meeting other requirements as may be established by rule.
26 A licensee who has permitted his or her license to
27 expire or who has had his or her license on inactive
28 status may have the license restored by making
29 application to the Department, by filing proof acceptable to
30 the Department of his or her fitness to have the license
31 restored, and by paying the required fees. Proof of fitness
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1 may include sworn evidence certifying to active lawful
2 practice in another jurisdiction.
3 If the licensee has not maintained an active practice
4 in another jurisdiction satisfactory to the Department,
5 the Department shall determine, by an evaluation program
6 established by rule, his or her fitness for
7 restoration of the license and shall establish procedures and
8 requirements for restoration. However, a licensee whose
9 license expired while he or she was (1) in federal
10 service on active duty with the Armed Forces of the United
11 States or the State Militia called into service or
12 training or (2) in training or education under the
13 supervision of the United States before induction into
14 the military service, may have the license restored without
15 paying any lapsed renewal fees if within 2 years after
16 honorable termination of the service, training, or
17 education he or she furnishes the Department with
18 satisfactory evidence to the effect that he or she has
19 been so engaged and that his or her service, training, or
20 education has been so terminated.
21 Section 95. Inactive status. A licensee who notified
22 the Department in writing on forms prescribed by the
23 Department may elect to place his or her license on an
24 inactive status and shall, subject to rules of the
25 Department, be excused from payment of renewal fees until he
26 or she notifies the Department in writing of his or her
27 intention to restore the license. A licensee requesting
28 restoration from inactive status shall pay the current
29 renewal fee and shall restore his or her license in
30 accordance with Section 90 of this Act. A licensee whose
31 license is on inactive status shall not practice as a
32 certified surgical assistant in this State. A licensee who
33 engages in practice as a certified surgical assistant while
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1 his or her license is lapsed or on inactive status shall be
2 considered to be practicing without a license, which shall be
3 grounds for discipline under Section 105 of this Act.
4 Section 100. Fees; returned checks.
5 (a) The Department shall set by rule fees for the
6 administration of this Act, including but not limited to fees
7 for initial and renewal licensure and restoration of a
8 license.
9 (b) A person who delivers a check or other payment
10 to the Department that is returned to the Department
11 unpaid by the financial institution upon which it
12 is drawn shall pay to the Department, in addition to the
13 amount already owed to the Department, a fine of $50. If
14 the check or other payment was for a renewal or issuance
15 fee and that person practices without paying the renewal
16 fee or issuance fee and the fine due, an additional fine of
17 $100 shall be imposed. The fines imposed by this
18 Section are in addition to any other discipline provided
19 under this Act for unlicensed practice or practice on a
20 nonrenewed license. The Department shall notify the person
21 that fees and fines shall be paid to the Department by
22 certified check or money order within 30 calendar days
23 of the notification. If, after the expiration of 30 days
24 from the date of the notification, the person has failed to
25 submit the necessary remittance, the Department shall
26 automatically terminate the license or deny the application
27 without a hearing. If the person seeks a license after
28 termination or denial, he or she shall apply to the
29 Department for restoration or issuance of the license and pay
30 all fees and fines due to the Department. The Department may
31 establish a fee for the processing of an application for
32 restoration of a license to defray the expenses of processing
33 the application. The Director may waive the fines due under
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1 this Section in individual cases if the Director finds that
2 the fines would be unreasonable or unnecessarily burdensome.
3 (c) All of the fees and fines collected under this Act
4 shall be deposited into the General Professions Dedicated
5 Fund. All moneys in the Fund shall be used by the Department,
6 as appropriated, for the ordinary and contingent expenses of
7 the Department.
8 Section 105. Grounds for disciplinary action.
9 (a) The Department may refuse to issue, renew, or
10 restore a license, may revoke or suspend a license, or may
11 place on probation, censure, reprimand, or take other
12 disciplinary action with regard to a person licensed under
13 this Act, including but not limited to the imposition of
14 fines not to exceed $5,000 for each violation, for any one or
15 combination of the following causes:
16 (1) Making a material misstatement in furnishing
17 information to the Department.
18 (2) Violating a provision of this Act or its rules.
19 (3) Conviction under the laws of a United States
20 jurisdiction of a crime that is a felony or a
21 misdemeanor, an essential element of which is dishonesty,
22 or of a crime that is directly related to the practice as
23 a certified surgical assistant.
24 (4) Making a misrepresentation for the purpose of
25 obtaining, renewing, or restoring a license.
26 (5) Wilfully aiding or assisting another person in
27 violating a provision of this Act or its rules.
28 (6) Failing to provide information within 60 days
29 in response to a written request made by the Department.
30 (7) Engaging in dishonorable, unethical, or
31 unprofessional conduct of a character likely to deceive,
32 defraud, or harm the public, as defined by rule of the
33 Department.
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1 (8) Discipline by another United States
2 jurisdiction or foreign nation, if at least one of the
3 grounds for discipline is the same or substantially
4 equivalent to those set forth in this Section.
5 (9) Directly or indirectly giving to or receiving
6 from a person, firm, corporation, partnership, or
7 association a fee, commission, rebate, or other form of
8 compensation for professional services not actually or
9 personally rendered.
10 (10) A finding by the Department that the licensee,
11 after having his or her license placed on probationary
12 status, has violated the terms of probation.
13 (11) Wilfully making or filing false records or
14 reports in his or her practice, including but not limited
15 to false records or reports filed with State agencies.
16 (12) Wilfully making or signing a false statement,
17 certificate, or affidavit to induce payment.
18 (13) Wilfully failing to report an instance of
19 suspected child abuse or neglect as required under the
20 Abused and Neglected Child Reporting Act.
21 (14) Being named as a perpetrator in an indicated
22 report by the Department of Children and Family Services
23 under the Abused and Neglected Child Reporting Act and
24 upon proof by clear and convincing evidence that the
25 licensee has caused a child to be an abused child or
26 neglected child as defined in the Abused and Neglected
27 Child Reporting Act.
28 (15) Employment of fraud, deception, or any
29 unlawful means in applying for or securing a license as a
30 certified surgical assistant.
31 (16) Allowing another person to use his or her
32 license to practice.
33 (17) Failure to report to the Department (A) any
34 adverse final action taken against the licensee by
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1 another licensing jurisdiction, government agency, law
2 enforcement agency, or any court or (B) liability for
3 conduct that would constitute grounds for action as set
4 forth in this Section.
5 (18) Habitual intoxication or addiction to the use
6 of drugs.
7 (19) Physical illness, including but not limited to
8 deterioration through the aging process or loss of motor
9 skills, which results in the inability to practice the
10 profession for which he or she is licensed with
11 reasonable judgment, skill, or safety.
12 (20) Gross malpractice resulting in permanent
13 injury or death of a patient.
14 (21) Immoral conduct in the commission of an act
15 related to the licensee's practice, including but not
16 limited to sexual abuse, sexual misconduct, or sexual
17 exploitation.
18 (22) Violation the Health Care Worker Self-Referral
19 Act.
20 (b) The Department may refuse to issue or may suspend
21 the license of a person who fails to file a return, to pay
22 the tax, penalty, or interest shown in a filed return, or to
23 pay a final assessment of the tax, penalty, or interest as
24 required by a tax Act administered by the Department of
25 Revenue, until the requirements of the tax Act are satisfied.
26 (c) The determination by a circuit court that a licensee
27 is subject to involuntary admission or judicial admission as
28 provided in the Mental Health and Developmental Disabilities
29 Code operates as an automatic suspension. The suspension will
30 end only upon (1) a finding by a court that the patient is no
31 longer subject to involuntary admission or judicial
32 admission, (2) issuance of an order so finding and
33 discharging the patient, and (3) the recommendation of the
34 Department to the Director that the licensee be allowed to
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1 resume his or her practice.
2 Section 110. Cease and desist order.
3 (a) If a person violates a provision of this Act, the
4 Director, in the name of the People of the State of Illinois
5 through the Attorney General of the State of Illinois, or the
6 State's Attorney of a county in which the violation occurs,
7 may petition for an order enjoining the violation or for an
8 order enforcing compliance with this Act. Upon the filing of
9 a verified petition in court, the court may issue a temporary
10 restraining order without notice or bond and may
11 preliminarily and permanently enjoin the violation. If it is
12 established that the licensee has violated or is violating
13 the injunction, the court may punish the offender for
14 contempt of court. Proceedings under this Section shall be
15 in addition to, and not in lieu of, all other remedies and
16 penalties provided by this Act.
17 (b) If a person practices as a certified surgical
18 assistant or holds himself or herself out as a certified
19 surgical assistant without being licensed under this Act,
20 then any licensee under this Act, interested party, or person
21 injured thereby, in addition to the Director or State's
22 Attorney, may petition for relief as provided in subsection
23 (a) of this Section.
24 (c) If the Department determines that a person violated
25 a provision of this Act, the Department may issue a rule to
26 show cause why an order to cease and desist should not be
27 entered against him or her. The rule shall clearly set forth
28 the grounds relied upon by the Department and shall provide a
29 period of 7 days from the date of the rule to file an answer
30 to the satisfaction of the Department. Failure to answer to
31 the satisfaction of the Department shall cause an order to
32 cease and desist to be issued immediately.
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1 Section 115. Investigation; notice; hearing. Licenses
2 may be refused, revoked, suspended, or otherwise disciplined
3 in the manner provided by this Act and not otherwise. The
4 Department may upon its own motion and shall upon the
5 verified complaint in writing of any person setting forth
6 facts that if proven would constitute grounds for refusal to
7 issue or for suspension or revocation under this Act,
8 investigate the actions of a person applying for, holding, or
9 claiming to hold a license. The Department shall, before
10 refusing to issue or renew, suspending, or revoking a license
11 or taking other discipline pursuant to Section 105 of this
12 Act, and at least 30 days prior to the date set for the
13 hearing, notify in writing the applicant or licensee of any
14 charges made, shall afford the applicant or licensee an
15 opportunity to be heard in person or by counsel in reference
16 to the charges, and direct the applicant or licensee to file
17 a written answer to the Department under oath within 20 days
18 after the service of the notice and inform the applicant or
19 licensee that failure to file an answer will result in
20 default being taken against the applicant or licensee and
21 that the license may be suspended, revoked, placed on
22 probationary status, or other disciplinary action may be
23 taken, including limiting the scope, nature, or extent of
24 practice, as the Director may deem proper. Written notice
25 may be served by personal delivery to the applicant or
26 licensee or by mailing the notice by certified mail to his or
27 her last known place of residence or to the place of business
28 last specified by the applicant or licensee in his or her
29 last notification to the Department. If the person fails to
30 file an answer after receiving notice, his or her license
31 may, in the discretion of the Department, be suspended,
32 revoked, or placed on probationary status or the Department
33 may take whatever disciplinary action deemed proper,
34 including limiting the scope, nature, or extent of the
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1 person's practice or the imposition of a fine, without a
2 hearing, if the act or acts charged constitute sufficient
3 grounds for such action under this Act. At the time and
4 place fixed in the notice, the Department shall proceed to
5 hearing of the charges and both the applicant or licensee and
6 the complainant shall be afforded ample opportunity to
7 present, in person or by counsel, any statements, testimony,
8 evidence, and arguments that may be pertinent to the charges
9 or to their defense. The Department may continue a hearing
10 from time to time. The Department may continue a hearing for
11 a period not to exceed 30 days.
12 Section 120. Record of proceedings. The Department, at
13 its expense, shall preserve a record of all proceedings at a
14 formal hearing conducted pursuant to Section 115 of this Act.
15 The notice of hearing, complaint, and all other documents in
16 the nature of pleadings and written motions filed in the
17 proceedings, the transcript of testimony, the report of the
18 Department or hearing officer, and orders of the Department
19 shall be the record of the proceeding. The Department shall
20 supply a transcript of the record to a person interested in
21 the hearing on payment of the fee required under Section 60f
22 of the Civil Administrative Code of Illinois.
23 Section 125. Order for production of documents. A circuit
24 court may, upon application of the Department or its
25 designee, or of the applicant or licensee against whom
26 proceedings pursuant to Section 115 of this Act are pending,
27 enter an order requiring the attendance of witnesses and
28 their testimony and the production of documents, papers,
29 files, books, and records in connection with a hearing or
30 investigation authorized by this Act. The court may compel
31 obedience to its order through contempt proceedings.
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1 Section 130. Subpoena power. The Department has the power
2 to subpoena and bring before it any person in this State and
3 to take testimony orally or by deposition, with the same fees
4 and mileage and in the same manner as prescribed by law in
5 judicial proceedings in civil cases in circuit courts of this
6 State. The Director shall each have the authority to
7 administer, at any hearing that the Department is authorized
8 to conduct under this Act, oaths to witnesses and any other
9 oaths authorized to be administered by the Department under
10 this Act.
11 Section 135. Disciplinary report. At the conclusion of
12 the hearing, the Department shall present to the Director a
13 written report of its findings of fact, conclusions of law,
14 and recommendations. In the report, the Department shall
15 make a finding of whether or not the charged licensee or
16 applicant violated a provision of this Act or its rules and
17 shall specify the nature of the violation. In making its
18 recommendations for discipline, the Department may take into
19 consideration all facts and circumstances bearing upon the
20 reasonableness of the conduct of the respondent and the
21 potential for future harm to the public, including but not
22 limited to previous discipline of that respondent by the
23 Department, intent, degree of harm to the public and
24 likelihood of harm in the future, any restitution made, and
25 whether the incident or incidents complained of appear to be
26 isolated or a pattern of conduct. In making its
27 recommendations for discipline, the Department shall seek to
28 ensure that the severity of the discipline recommended bears
29 some reasonable relationship to the severity of the
30 violation.
31 Section 140. Motion for rehearing. In a case involving
32 the refusal to issue or renew a license or the discipline
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1 of a licensee, a copy of the Department's report shall be
2 served upon the respondent by the Department, either
3 personally or as provided under Section 85 of this Act for
4 the service of the notice of hearing. Within 20 days after
5 the service, the respondent may present to the Department a
6 motion in writing for a rehearing, which shall specify the
7 particular grounds for a rehearing. If no motion for
8 rehearing is filed, then upon the expiration of the time
9 specified for filing the motion, or if a motion for rehearing
10 is denied, then upon the denial the Director may enter an
11 order in accordance with recommendations of the
12 Department, except as provided in Section 145 or 150 of this
13 Act. If the respondent orders a transcript of the record
14 from the reporting service and pays for the transcript within
15 the time for filing a motion for rehearing, the 20-day period
16 within which such a motion may be filed shall commence upon
17 the delivery of the transcript to the respondent.
18 Section 145. Order of Director.
19 (a) The Director shall issue an order concerning the
20 disposition of the charges (i) following the expiration of
21 the filing period granted under Section 140 of this Act if no
22 motion for rehearing is filed or (ii) following a denial of a
23 timely motion for rehearing.
24 (b) The Director's order shall be based on the
25 recommendations contained in the Department report unless,
26 after giving due consideration to the Department's report,
27 the Director disagrees in any regard with the report of the
28 Department, in which case he or she may issue an order in
29 contravention of the report. The Director shall provide a
30 written report to the Department on any deviation from the
31 Department's report and shall specify with particularity the
32 reasons for his or her deviation in the final order. The
33 Department's report and Director's order are not admissible
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1 in evidence against the person in a criminal prosecution
2 brought for a violation of this Act, but the hearing, report,
3 and order are not a bar to a criminal prosecution brought for
4 the violation of this Act.
5 Section 150. Hearing officer. The Director shall have
6 the authority to appoint an attorney licensed to practice law
7 in this State to serve as the hearing officer in a hearing
8 authorized under Section 115 of this Act. The hearing officer
9 shall have full authority to conduct the hearing. The
10 hearing officer shall report his or her findings of fact,
11 conclusions of law, and recommendations to the Department. If
12 the Director disagrees in any regard with the report of the
13 Department, he or she may issue an order in contravention of
14 the report. The Director shall provide a written explanation
15 to the Department on a deviation from the Department's report
16 and shall specify with particularity the reasons for his or
17 her deviation in the final order.
18 Section 155. Rehearing on order of Director. Whenever the
19 Director is not satisfied that substantial justice has been
20 achieved in the discipline of a licensee, the Director may
21 order a rehearing by the same or another hearing officer.
22 Section 160. 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; and
28 (2) the Director is duly appointed and qualified.
29 Section 165. Restoration of license. At any time after
30 the suspension or revocation of a license, the Department may
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1 restore it to the licensee unless, after an investigation and
2 a hearing, the Department determines that restoration is not
3 in the public interest. Where circumstances of suspension or
4 revocation so indicate, the Department may require an
5 examination of the licensee before restoring his or her
6 license.
7 Section 170. Surrender of license. Upon the revocation or
8 suspension of a license, the licensee shall immediately
9 surrender the license to the Department. If the licensee
10 fails to do so, the Department shall have the right to seize
11 the license.
12 Section 175. Temporary suspension. The Director may
13 temporarily suspend the license of a certified surgical
14 assistant without a hearing, simultaneously with the
15 institution of proceedings for a hearing provided for in
16 Section 115 of this Act, if the Director finds that evidence
17 in his or her possession indicates that continuation in
18 practice would constitute an imminent danger to the public.
19 If the Director temporarily suspends a license without a
20 hearing, a hearing by the Department shall be held within 30
21 days after the suspension has occurred and shall be concluded
22 without appreciable delay.
23 Section 180. Certificate of record. The Department shall
24 not be required to certify any record to a Court or file an
25 answer in court or otherwise appear in a court in a judicial
26 review proceeding unless there is filed in the court, with
27 the complaint, a receipt from the Department acknowledging
28 payment of the costs of furnishing and certifying the record.
29 Failure on the part of the plaintiff to file a receipt in
30 court shall be grounds for dismissal of the action.
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1 Section 185. Administrative Review Law. All final
2 administrative decisions of the Department are subject to
3 judicial review under the Administrative Review Law and its
4 rules. The term "administrative decision" is defined as in
5 Section 3-101 of the Code of Civil Procedure. Proceedings for
6 judicial review shall be commenced in the circuit court of
7 the county in which the party seeking review resides. If the
8 party seeking review is not a resident of this State, venue
9 shall be in Sangamon County.
10 Section 190. Criminal penalties. A person who is found
11 to have knowingly violated Section 40, 65, or subsection
12 (a) of Section 195 of this Act is guilty of a Class A
13 misdemeanor for a first offense and is guilty of a Class 4
14 felony for a second or subsequent offense.
15 Section 195. Unlicensed practice; civil penalties.
16 (a) No person shall practice, offer to practice, attempt
17 to practice, or hold himself or herself out to practice as a
18 certified surgical assistant without a license issued by the
19 Department to that person under this Act.
20 (b) In addition to any other penalty provided by law, a
21 person who violates subsection (a) of this Section shall pay
22 a civil penalty to the Department in an amount not to exceed
23 $5,000 for each offense as determined by the Department.
24 The civil penalty shall be assessed by the Department
25 after a hearing is held in accordance with the provisions
26 set forth in this Act regarding a hearing for the
27 discipline of a licensee.
28 (c) The Department has the authority and power to
29 investigate any and all unlicensed activity.
30 (d) The civil penalty assessed under this Act shall be
31 paid within 60 days after the effective date of the order
32 imposing the civil penalty. The order shall constitute a
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1 judgment and may be filed and execution had on the judgment
2 in the same manner as a judgment from a court of record.
3 Section 200. Home rule powers. The regulation and
4 licensing of surgical assistants are exclusive powers and
5 functions of the State. A home rule unit shall not regulate
6 or license certified surgical assistants. This Section is a
7 limitation under subsection (h) of Section 6 of Article VII
8 of the Illinois Constitution.
9 Section 950. The Regulatory Sunset Act is amended by
10 adding Section 4.20 as follows:
11 (5 ILCS 80/4.20 new)
12 Sec. 4.20. Act repealed on January 1, 2010. The
13 following Act is repealed on January 1, 2010:
14 The Certified Surgical Assistant Practice Act.
15 Section 999. Effective date. This Act takes effect
16 January 1, 2000.