State of Illinois
92nd General Assembly
Legislation

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92_HB4984

 
                                               LRB9215313ACcd

 1        AN ACT concerning impaired professionals.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Department of Professional Regulation  Law
 5    of  the  Civil  Administrative Code of Illinois is amended by
 6    adding Section 2105-16 as follows:

 7        (225 ILCS 2105/2105-16 new)
 8        Sec. 2105-16. Impaired Professionals Assistance System.
 9        (a)  For the purposes of this Section:
10        "Contract" means a written agreement specifying the terms
11    and conditions of program participation between a health care
12    practitioner  and  the  entity  administering  the   Impaired
13    Professionals Assistance System.
14        "Disciplinary  action" means a Department proceeding that
15    may lead to a public record disciplinary fine or probation or
16    to reprimand, restriction, revocation, suspension, denial, or
17    other  order  relating  to  the  license  or  certificate  of
18    registration of a health care practitioner by the Department.
19        "Impaired" means  a  physical  or  mental  disability  or
20    misuse or abuse of any substance, including alcohol or drugs,
21    that  substantially  alters  the ability of a practitioner to
22    practice his or  her  profession  with  reasonable  judgment,
23    skill, and safety.
24        "Health  care  practitioner" means an individual licensed
25    or regulated by the Department pursuant to one or more of the
26    Acts specified in subsection (c)  of this Section.
27        (b)  The General Assembly finds that the impaired  health
28    care  practitioner  poses  a  danger  to  the  public health,
29    safety, and welfare. It is in the public interest and in  the
30    best interest of the health care practitioner to identify and
31    address any impairment at the earliest possible stage.
 
                            -2-                LRB9215313ACcd
 1        (c)  The  Department  of  Professional  Regulation  shall
 2    establish  the  Impaired Professionals Assistance System. The
 3    Impaired Professionals Assistance System established  by  the
 4    Department  of Professional Regulation shall be applicable to
 5    the professions licensed or regulated by the Department under
 6    all of the following Acts:
 7             (1)  The Illinois Acupuncture Practice Act.
 8             (2)  The Illinois Athletic Trainers Practice Act.
 9             (3)  The Clinical Psychologist Licensing Act.
10             (4)  The  Clinical  Social  Work  and  Social   Work
11        Practice Act.
12             (5)  The Illinois Dental Practice Act.
13             (6)  The  Dietetic  and  Nutrition Services Practice
14        Act.
15             (7)  The Environmental Health Practitioner Licensing
16        Act.
17             (8)  The Marriage and Family Therapy Licensing Act.
18             (9)  The Medical Practice Act of 1987.
19             (10)  The Naprapathic Practice Act.
20             (11)  The Nursing and Advanced Practice Nursing Act.
21             (12)  The Nursing Home Administrators Licensing  and
22        Disciplinary Act.
23             (13)  The  Illinois  Occupational  Therapy  Practice
24        Act.
25             (14)  The Illinois Optometric Practice Act of 1987.
26             (15)  The Pharmacy Practice Act of 1987.
27             (16)  The Illinois Physical Therapy Act.
28             (17)  The Physician Assistant Practice Act of 1987.
29             (18)  The Podiatric Medical Practice Act of 1987.
30             (19)  The   Professional   Counselor   and  Clinical
31        Professional Counselor Licensing Act.
32             (20)  The Respiratory Care Practice Act.
33             (21)  The  Illinois  Speech-Language  Pathology  and
34        Audiology Practice Act.
 
                            -3-                LRB9215313ACcd
 1             (22)  The Veterinary Medicine and  Surgery  Practice
 2        Act of 1994.
 3        (d)  The Department shall enter into an agreement with an
 4    appropriately licensed and qualified agency to administer the
 5    Impaired Professional Assistance System. This agreement shall
 6    establish   the   agency   as  an  intermediary  between  the
 7    Department's disciplinary system and  the  individual  health
 8    care  practitioner  enrolled  in  the  Impaired Professionals
 9    Assistance System. Pursuant to the terms  of  the  agreement,
10    the agency shall act as agent of the Department; as an expert
11    in  the  treatment  and monitoring of impaired professionals;
12    and as an advocate for impaired  health  care  professionals.
13    The  agency shall perform the following functions: receipt of
14    reports from or regarding health care practitioners  eligible
15    for  participation  in  or  evaluation  or  assessment by the
16    program; evaluation  and  assessment  of  such  participants;
17    recommendation,  development,  and  provision  of appropriate
18    treatment plans; monitoring the progress  and  compliance  of
19    participants;  and  reporting  cases of non-compliance to the
20    Department. The agency shall also provide the Department with
21    statistical reports as requested by the Department.
22        (e)  A  health  care  practitioner  who  has  never  been
23    disciplined by the Department or is currently enrolled in  an
24    employee  assistance  program  or other substantially similar
25    program  is  eligible  to   participate   in   the   Impaired
26    Professionals Assistance System. Entry into the system may be
27    made  by  self-referral  or  referral  by  other  persons  or
28    entities or by the Department.
29        (f)  The  Department  may provide for program eligibility
30    for those licensees subject to an order of discipline on  the
31    effective  date  of  this  amendatory Act of the 92nd General
32    Assembly or who were subject to  such  an  order  before  the
33    effective  date  of  this  amendatory Act of the 92nd General
34    Assembly.  However, the system  shall  monitor  any  licensee
 
                            -4-                LRB9215313ACcd
 1    under  an  order  of  discipline  by the Department where the
 2    violation was related to substance abuse.
 3        (g)  Every health care practitioner participating in  the
 4    system   shall   enter   into  a  contract  with  the  agency
 5    administering the Impaired Professionals  Assistance  System.
 6    The  contract  shall  include an acknowledgment by the health
 7    care practitioner of his or her impairment and the  execution
 8    of   releases   necessary   to  obtain  relevant  records  or
 9    information and to communicate with  other  agencies  or  the
10    Department, as may be required.
11        (h)  The  system  shall  not  be  deemed disciplinary for
12    first time participants.  Participation  does  not,  however,
13    provide an exemption from future prosecution for violation of
14    the  contract  or  the  Act  governing  the profession of the
15    individual.
16        (i)  The   identity   of   health   care    practitioners
17    participating  in the Impaired Professional Assistance System
18    shall be  kept  confidential  by  the  Impaired  Professional
19    Assistance System and shall not be reported to the Department
20    unless  the  participant  is not in compliance with the terms
21    and  conditions  of  a  treatment  agreement.  The   Impaired
22    Professional  Assistance  System may use reference numbers or
23    other  identifiers  to  preserve   the   confidentiality   of
24    participants   who   are   in   compliance.   In   cases   of
25    non-compliance or termination from the System, the Department
26    shall   have   the   authority  to  review  the  health  care
27    practitioner's record of treatment regarding  the  impairment
28    and  may  use such information in a Department administrative
29    proceeding,  including  a  hearing,  involving   the   health
30    practitioner's license.
31        (j)  If  any health care practitioner is participating in
32    an impaired professional  program  other  than  the  Impaired
33    Professionals  Assistance  System  established  herein,  that
34    program shall report the compliance status of the health care
 
                            -5-                LRB9215313ACcd
 1    practitioner to the Impaired Professionals Assistance System.
 2        (k)  In  all  cases  resulting in termination, the system
 3    shall immediately notify the Department and shall provide the
 4    identity of the health care practitioner to  the  Department.
 5    In  cases  involving  substance  abuse,  a first relapse by a
 6    health care practitioner while in the system  may,  but  will
 7    not automatically, result in termination from the system. The
 8    Department  shall  adopt  rules  to determine eligibility for
 9    continued participation following a relapse. In the event  of
10    a  second  relapse,  the  health  care  practitioner shall be
11    terminated  from  the  system.  In  all  cases  resulting  in
12    termination,  the  Department  may  commence  proceedings  to
13    discipline the license.
14        (l)  The Department shall pay all costs  related  to  the
15    establishment,   administration,   and   maintenance  of  the
16    Impaired Professionals Assistance System  from  the  specific
17    professional   funds  to  which  the  Impaired  Professionals
18    Assistance System is applicable. The health care practitioner
19    shall bear all costs related to treatment,  treatment-related
20    services,  support  group  activities, equipment, and travel.
21    The Department shall include a  specific  line  item  in  its
22    budget to finance this program.
23        (m)  The  Department shall report to the General Assembly
24    at  least  annually  on  the  activities  of   the   Impaired
25    Professionals Assistance System.
26        (n)  The  Department  shall promulgate rules to implement
27    the  Impaired  Professionals  Assistance  System,   including
28    standards for reporting of non-compliance.

29        Section   10.  The Acupuncture Practice Act is amended by
30    changing Sections 10  and  110  and  adding  Section  115  as
31    follows:

32        (225 ILCS 2/10)
 
                            -6-                LRB9215313ACcd
 1        (Section scheduled to be repealed on January 1, 2008)
 2        Sec. 10.   Definitions.  As used in this Act:
 3        "Acupuncture"   means  the  evaluation  or  treatment  of
 4    persons affected through a method of stimulation of a certain
 5    point or points on or immediately below the  surface  of  the
 6    body   by   the   insertion  of  pre-sterilized,  single-use,
 7    disposable needles, unless medically contraindicated, with or
 8    without the application of heat, electronic  stimulation,  or
 9    manual  pressure to prevent or modify the perception of pain,
10    to normalize physiological functions, or for the treatment of
11    certain diseases or dysfunctions  of  the  body.  Acupuncture
12    does  not  include  radiology,  electrosurgery,  chiropractic
13    technique,  physical  therapy,  naprapathic technique, use or
14    prescribing of any drugs, medications,  herbal  preparations,
15    nutritional    supplements,    serums,    or   vaccines,   or
16    determination of a differential diagnosis.  An  acupuncturist
17    registered  under  this  Act  who  is  not also licensed as a
18    physical therapist under the Illinois  Physical  Therapy  Act
19    shall  not  hold himself or herself out as being qualified to
20    provide physical  therapy  or  physiotherapy  services.    An
21    acupuncturist shall refer to a licensed physician or dentist,
22    any patient whose condition should, at the time of evaluation
23    or  treatment,  be  determined  to  be  beyond  the  scope of
24    practice of the acupuncturist.
25        "Acupuncturist" means a person who practices  acupuncture
26    and who is licensed by the Department.
27        "Board" means the Board of Acupuncture.
28        "Dentist"  means  a  person  licensed  under the Illinois
29    Dental Practice Act.
30        "Department"  means  the   Department   of   Professional
31    Regulation.
32        "Director" means the Director of Professional Regulation.
33        "Impaired"   means   the   inability   to  practice  with
34    reasonable  skill  and  safety  due  to  physical  or  mental
 
                            -7-                LRB9215313ACcd
 1    disabilities as  evidenced  by  a  written  determination  or
 2    written   consent   based  on  clinical  evidence,  including
 3    deterioration through the aging  process  or  loss  of  motor
 4    skill,  abuse of drugs or alcohol, or a psychiatric disorder,
 5    of sufficient degree to  diminish  the  person's  ability  to
 6    deliver competent patient care.
 7        "Impaired  Professionals  Assistance  System"  means  the
 8    program  established  by  Section  16  of  the  Department of
 9    Professional Regulation Law (20 ILCS 2105/2105-16).
10        "Physician" means a person  licensed  under  the  Medical
11    Practice Act of 1987.
12        "Program  of  care,  counseling,  or  treatment"  means a
13    written agreement between the Department and an applicant  or
14    licensee  requiring that the applicant or licensee enroll and
15    participate  in  a  treatment   program   approved   by   the
16    Department.   The   agreement  may  also  specify  terms  and
17    conditions deemed appropriate by the Board.
18        "Referral by written order"  for  purposes  of  this  Act
19    means  a diagnosis, substantiated by signature of a physician
20    or dentist, that a patient's condition is such that it may be
21    treated by acupuncture as defined in this Act.  The diagnosis
22    shall remain in effect until  changed  by  the  physician  or
23    dentist who shall maintain management of the patient.
24        "State" includes:
25             (1)  the states of the United States of America;
26             (2)  the District of Columbia; and
27             (3)  the Commonwealth of Puerto Rico.
28    (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)

29        (225 ILCS 2/110)
30        (Section scheduled to be repealed on January 1, 2008)
31        Sec. 110.  Grounds for disciplinary action.
32        (a)  The  Department  may  refuse  to  issue or to renew,
33    place  on  probation,   suspend,   revoke   or   take   other
 
                            -8-                LRB9215313ACcd
 1    disciplinary  action  as  deemed  appropriate  including  the
 2    imposition  of fines not to exceed $5,000 for each violation,
 3    as the Department may deem proper, with regard to  a  license
 4    for any one or combination of the following causes:
 5             (1)  Violations of the Act or its rules.
 6             (2)  Conviction  of  any crime under the laws of any
 7        U.S.  jurisdiction  that  is  (i)  a   felony,   (ii)   a
 8        misdemeanor, an essential element of which is dishonesty,
 9        or   (iii)  directly  related  to  the  practice  of  the
10        profession.
11             (3)  Making any misrepresentation for the purpose of
12        obtaining a license.
13             (4)  Aiding or assisting another person in violating
14        any provision of this Act or its rules.
15             (5)  Failing to provide information within  60  days
16        in  response  to a written request made by the Department
17        which has been sent by certified or  registered  mail  to
18        the licensee's last known address.
19             (6)  Discipline  by  another  U.S.  jurisdiction  or
20        foreign  nation,  if  at least one of the grounds for the
21        discipline is the same or substantially equivalent to one
22        set forth in this Section.
23             (7)  Solicitation of professional services by  means
24        other than permitted under this Act.
25             (8)  Failure to provide a patient with a copy of his
26        or her record upon the written request of the patient.
27             (9)  Gross    negligence    in   the   practice   of
28        acupuncture.
29             (10)  Habitual or  excessive  use  or  addiction  to
30        alcohol,  narcotics,  stimulants,  or  any other chemical
31        agent  or  drug  that  results  in   an   acupuncturist's
32        inability to practice with reasonable judgment, skill, or
33        safety.
34             (11)  A  finding that licensure has been applied for
 
                            -9-                LRB9215313ACcd
 1        or obtained by fraudulent means.
 2             (12)  A pattern of practice or other  behavior  that
 3        demonstrates incapacity or incompetence to practice under
 4        this Act.
 5             (13)  Being  named  as a perpetrator in an indicated
 6        report by the Department of Children and Family  Services
 7        under  the  Abused  and Neglected Child Reporting Act and
 8        upon proof by clear  and  convincing  evidence  that  the
 9        licensee  has  caused  a child to be an abused child or a
10        neglected child as defined in the  Abused  and  Neglected
11        Child Reporting Act.
12             (14)  Wilfully  failing  to  report  an  instance of
13        suspected child abuse  or  neglect  as  required  by  the
14        Abused and Neglected Child Reporting Act.
15             (15)  The  use  of any words, abbreviations, figures
16        or   letters    (such    as    Acupuncturist,    Licensed
17        Acupuncturist,  Certified Acupuncturist, C.A., Act., Lic.
18        Act., or Lic.  Ac.)  with  the  intention  of  indicating
19        practice  as  a  licensed  acupuncturist  without a valid
20        license as an acupuncturist issued under this Act.
21             (16)  Using  testimonials  or  claims  of   superior
22        quality  of  care to entice the public or advertising fee
23        comparisons of available services  with  those  of  other
24        persons providing acupuncture services.
25             (17)  Advertising  of professional services that the
26        offeror of  the  services  is  not  licensed  to  render.
27        Advertising of professional services that contains false,
28        fraudulent,   deceptive,   or   misleading   material  or
29        guarantees of success,  statements  that  play  upon  the
30        vanity or fears of the public, or statements that promote
31        or produce unfair competition.
32             (18)  Having  treated ailments of human beings other
33        than by the practice of acupuncture as  defined  in  this
34        Act,  or  having  treated  ailments  of human beings as a
 
                            -10-               LRB9215313ACcd
 1        licensed acupuncturist independent of a written  referral
 2        order  from  a  physician or dentist, or having failed to
 3        notify the  physician  or  dentist  who  established  the
 4        diagnosis  that  the  patient  is  receiving  acupuncture
 5        treatment pursuant to that diagnosis.
 6             (19)  Unethical,   unauthorized,  or  unprofessional
 7        conduct as defined by rule.
 8             (20)  Physical illness including but not limited  to
 9        deterioration  through the aging process, mental illness,
10        or disability that results in the inability  to  practice
11        the  profession  with  reasonable  judgment,  skill,  and
12        safety.
13             (21)  Violation    of   the   Health   Care   Worker
14        Self-Referral Act.
15             (22)  Failure  to  comply   with   the   terms   and
16        conditions    of   an   agreement   with   the   Impaired
17        Professionals Assistance System or  other  such  approved
18        treatment program.
19        The  entry  of  an  order by a circuit court establishing
20    that any person holding a license under this Act  is  subject
21    to  involuntary  admission  or judicial admission as provided
22    for in the Mental Health and Developmental Disabilities  Code
23    operates  as  an  automatic suspension of that license.  That
24    person may have his or her license  restored  only  upon  the
25    determination  by  a  circuit  court  that  the patient is no
26    longer subject to involuntary admission or judicial admission
27    and the issuance of an order so finding and  discharging  the
28    patient and upon the Board's recommendation to the Department
29    that  the  license  be  restored.  Where the circumstances so
30    indicate, the Board may recommend to the Department  that  it
31    require   an  examination  prior  to  restoring  a  suspended
32    license.
33        The Department may refuse to issue or renew  the  license
34    of  any  person  who fails to (i) file a return or to pay the
 
                            -11-               LRB9215313ACcd
 1    tax, penalty or interest shown in a filed return or (ii)  pay
 2    any  final  assessment  of  the  tax, penalty, or interest as
 3    required  by  any  tax  Act  administered  by  the   Illinois
 4    Department  of  Revenue, until the time that the requirements
 5    of that tax Act are satisfied.
 6        In enforcing this Section, the Department or Board upon a
 7    showing of a possible  violation  may  compel  an  individual
 8    licensed  to  practice under this Act, or who has applied for
 9    licensure under this Act, to submit to a mental  or  physical
10    examination,  or  both,  as required by and at the expense of
11    the  Department.  The  Department  or  Board  may  order  the
12    examining  physician  to  present  testimony  concerning  the
13    mental or physical examination of the licensee or  applicant.
14    No  information shall be excluded by reason of any common law
15    or statutory privilege relating to communications between the
16    licensee  or  applicant  and  the  examining  physician.  The
17    examining physicians shall be specifically designated by  the
18    Board  or Department. The individual to be examined may have,
19    at his or her own expense, another physician of  his  or  her
20    choice  present  during  all  aspects  of  this  examination.
21    Failure  of  an  individual to submit to a mental or physical
22    examination, when directed, shall be grounds  for  suspension
23    of  his  or  her  license until the individual submits to the
24    examination  if  the  Department  finds,  after  notice   and
25    hearing,  that  the  refusal to submit to the examination was
26    without reasonable cause.
27        If the Department or Board determines that  an  applicant
28    or  licensee is unable to practice because of the reasons set
29    forth in this Section, the Department or Board may discipline
30    the licensee or require the applicant or  licensee  to  enter
31    into an agreement of care, counseling, and treatment with the
32    Department  or Board to enroll and participate in an approved
33    treatment   program   in   accordance   with   the   Impaired
34    Professionals  Assistance  System,  subject  to   terms   and
 
                            -12-               LRB9215313ACcd
 1    conditions the Department or Board deems appropriate.
 2        If  the Department or Board finds an individual unable to
 3    practice because of the reasons set forth  in  this  Section,
 4    the Department or Board may require that individual to submit
 5    to  care,  counseling, or treatment by physicians approved or
 6    designated by the Department or Board, as a condition,  term,
 7    or   restriction   for   continued,  reinstated,  or  renewed
 8    licensure to practice; or, in lieu of  care,  counseling,  or
 9    treatment,   the  Department  may  file,  or  the  Board  may
10    recommend  to  the  Department  to  file,  a   complaint   to
11    immediately  suspend,  revoke,  or  otherwise  discipline the
12    license of the individual. An individual  whose  license  was
13    granted,   continued,  reinstated,  renewed,  disciplined  or
14    supervised   subject   to   such   terms,   conditions,    or
15    restrictions,  and  who  fails  to  comply  with  such terms,
16    conditions,  or  restrictions,  shall  be  referred  to   the
17    Director  for  a  determination  as to whether the individual
18    shall have his or her license suspended immediately,  pending
19    a hearing by the Department.
20        In instances in which the Director immediately suspends a
21    person's  license  under  this  Section,  a  hearing  on that
22    person's license must be convened by the Department within 15
23    days after the suspension and completed  without  appreciable
24    delay.  The  Department and Board shall have the authority to
25    review the  subject  individual's  record  of  treatment  and
26    counseling  regarding  the impairment to the extent permitted
27    by applicable federal statutes and  regulations  safeguarding
28    the confidentiality of medical records.
29        An  individual licensed under this Act and affected under
30    this Section shall be afforded an opportunity to  demonstrate
31    to the Department or Board that he or she can resume practice
32    in  compliance with acceptable and prevailing standards under
33    the provisions of his or her license.
34    (Source: P.A. 89-706, eff. 1-31-97; 90-61, eff. 7-3-97.)
 
                            -13-               LRB9215313ACcd
 1        (225 ILCS 2/115 new)
 2        (Section scheduled to be repealed on January 1, 2008)
 3        Sec. 115. Reporting requirements. The  Department  shall,
 4    by  rule,  provide  for the reporting by all employers to the
 5    Impaired Professionals Assistance System of all instances  in
 6    which  a  person  licensed  under this Act who is impaired by
 7    reason of age, drug or alcohol abuse, or physical  or  mental
 8    impairment,  is  under supervision and, where appropriate, is
 9    in a program of rehabilitation.  Reports  shall  be  strictly
10    confidential  and  may  be  reviewed  and  considered only by
11    authorized Department staff as provided by  rule.  Provisions
12    shall  be  made  for the periodic report of the status of any
13    such licensee not  less  than  twice  annually  so  that  the
14    Department  shall  have  current  information  upon  which to
15    determine the  status  of  any  such  licensee.  Initial  and
16    periodic   reports   of   impaired  licensees  shall  not  be
17    considered records within the meaning of  the  State  Records
18    Act  and  shall  be disposed of, following a determination by
19    the Department that such reports are no longer required, in a
20    manner and at such time as the Department shall determine  by
21    rule.

22        Section  15.  The Illinois Athletic Trainers Practice Act
23    is amended by changing Sections 3 and 16 and  adding  Section
24    16.5 as follows:

25        (225 ILCS 5/3) (from Ch. 111, par. 7603)
26        (Section scheduled to be repealed on January 1, 2006)
27        Sec. 3.  Definitions.  As used in this Act:
28        (1)  "Department"  means  the  Department of Professional
29    Regulation.
30        (2)  "Director"  means  the  Director   of   Professional
31    Regulation.
32        (3)  "Board"   means   the  Illinois  Board  of  Athletic
 
                            -14-               LRB9215313ACcd
 1    Trainers appointed by the Director.
 2        (4)  "Licensed athletic trainer" means a person  licensed
 3    to practice athletic training as defined in this Act and with
 4    the  specific  qualifications  set forth in Section 9 of this
 5    Act who, upon the direction of his or her team  physician  or
 6    consulting   physician,   carries   out   the   practice   of
 7    prevention/emergency   care  or  physical  reconditioning  of
 8    injuries incurred by athletes participating  in  an  athletic
 9    program conducted by an educational institution, professional
10    athletic   organization,   or   sanctioned  amateur  athletic
11    organization employing the athletic trainer; or a person who,
12    under the direction of a physician,  carries  out  comparable
13    functions  for a health organization-based extramural program
14    of athletic training services for athletes.  Specific  duties
15    of the athletic trainer include but are not limited to:
16             A.  Supervision   of  the  selection,  fitting,  and
17        maintenance of protective equipment;
18             B.  Provision of assistance to the coaching staff in
19        the  development  and  implementation   of   conditioning
20        programs;
21             C.  Counseling of athletes on nutrition and hygiene;
22             D.  Supervision  of  athletic  training facility and
23        inspection of playing facilities;
24             E.  Selection and maintenance of  athletic  training
25        equipment and supplies;
26             F.  Instruction  and  supervision of student trainer
27        staff;
28             G.  Coordination with a team physician to provide:
29                  (i)  pre-competition physical exam  and  health
30             history updates,
31                  (ii)  game   coverage  or  phone  access  to  a
32             physician or paramedic,
33                  (iii)  follow-up injury care,
34                  (iv)  reconditioning programs, and
 
                            -15-               LRB9215313ACcd
 1                  (v)  assistance on all  matters  pertaining  to
 2             the health and well-being of athletes.
 3             H.  Provision  of on-site injury care and evaluation
 4        as  well   as   appropriate   transportation,   follow-up
 5        treatment   and   rehabilitation  as  necessary  for  all
 6        injuries sustained by athletes in the program;
 7             I.  With  a  physician,  determination  of  when  an
 8        athlete  may  safely   return   to   full   participation
 9        post-injury; and
10             J.  Maintenance  of complete and accurate records of
11        all athletic injuries and treatments rendered.
12        To carry out these  functions  the  athletic  trainer  is
13    authorized  to utilize modalities such as heat, light, sound,
14    cold, electricity, exercise, or mechanical devices related to
15    care and reconditioning.
16        (5)  "Referral" means the guidance or  direction  to  the
17    athletic  trainer  given by the physician, who shall maintain
18    supervision of the athlete.
19        (6)  "Impaired" means  the  inability  to  practice  with
20    reasonable  skill  and  safety  due  to  physical  or  mental
21    disabilities  as  evidenced  by  a  written  determination or
22    written  consent  based  on  clinical   evidence,   including
23    deterioration  through  the  aging  process  or loss of motor
24    skill, abuse of drugs or alcohol, or a psychiatric  disorder,
25    of  sufficient  degree  to  diminish  the person's ability to
26    deliver competent patient care.
27        (7)  "Impaired Professionals Assistance System" means the
28    program established  by  Section  16  of  the  Department  of
29    Professional Regulation Law (20 ILCS 2105/2105-16).
30        (8)  "Program  of care, counseling, or treatment" means a
31    written agreement between the Department and an applicant  or
32    licensee  requiring that the applicant or licensee enroll and
33    participate  in  a  treatment   program   approved   by   the
34    Department.   The   agreement  may  also  specify  terms  and
 
                            -16-               LRB9215313ACcd
 1    conditions deemed appropriate by the Board.
 2    (Source: P.A. 91-357, eff. 7-29-99.)

 3        (225 ILCS 5/16) (from Ch. 111, par. 7616)
 4        (Section scheduled to be repealed on January 1, 2006)
 5        Sec. 16.  Refusal to issue, suspension, or revocation  of
 6    license.  The Department may refuse to issue or renew, or may
 7    revoke, suspend, place on probation, reprimand, or take other
 8    disciplinary  action  as  the  Department  may  deem  proper,
 9    including fines not to exceed $1,000 for each violation, with
10    regard  to  any  licensee  for  any one or combination of the
11    following:
12        (A)  Material misstatement in furnishing  information  to
13    the Department;
14        (B)  Negligent  or  intentional disregard of this Act, or
15    of the rules or regulations promulgated hereunder;
16        (C)  Conviction of any crime under the laws of the United
17    States or any state or territory thereof that is a felony  or
18    a   misdemeanor,   and  an  essential  element  of  which  is
19    dishonesty, or of any crime that is directly related  to  the
20    practice of the profession;
21        (D)  Making  any  misrepresentation  for  the  purpose of
22    obtaining registration, or violating any  provision  of  this
23    Act;
24        (E)  Professional incompetence;
25        (F)  Malpractice;
26        (G)  Aiding  or assisting another person in violating any
27    provision of this Act or rules;
28        (H)  Failing, within 60 days, to provide  information  in
29    response to a written request made by the Department;
30        (I)  Engaging     in    dishonorable,    unethical,    or
31    unprofessional conduct of  a  character  likely  to  deceive,
32    defraud or harm the public;
33        (J)  Habitual  intoxication  or  addiction  to the use of
 
                            -17-               LRB9215313ACcd
 1    drugs;
 2        (K)  Discipline by another state, District  of  Columbia,
 3    territory,  or foreign nation, if at least one of the grounds
 4    for the discipline is the same or substantially equivalent to
 5    those set forth herein;
 6        (L)  Directly or indirectly giving to or  receiving  from
 7    any  person,  firm,  corporation, partnership, or association
 8    any fee, commission, rebate, or other  form  of  compensation
 9    for  any  professional  services  not  actually or personally
10    rendered;
11        (M)  A finding that the licensee after having his or  her
12    license  placed on probationary status has violated the terms
13    of probation;
14        (N)  Abandonment of an athlete;
15        (O)  Willfully making or filing false records or  reports
16    in  his  or  her practice, including but not limited to false
17    records filed with State agencies or departments;
18        (P)  Willfully failing to report an instance of suspected
19    child  abuse  or  neglect  as  required  by  the  Abused  and
20    Neglected Child Reporting Act;
21        (Q)  Physical  illness,  including  but  not  limited  to
22    deterioration through the aging process,  or  loss  of  motor
23    skill   that   results  in  the  inability  to  practice  the
24    profession with reasonable judgment, skill, or safety;
25        (R)  Solicitation of professional services other than  by
26    permitted  institutional policy;
27        (S)  The  use  of  any  words,  abbreviations, figures or
28    letters with the  intention  of  indicating  practice  as  an
29    athletic  trainer  without  a  valid  license  as an athletic
30    trainer under this Act;
31        (T)  The treatment of injuries of athletes by a  licensed
32    athletic  trainer  except  by  the  referral  of a physician,
33    podiatrist, or dentist;
34        (U)  Willfully violating or knowingly  assisting  in  the
 
                            -18-               LRB9215313ACcd
 1    violation  of  any  law  of this State relating to the use of
 2    habit-forming drugs;
 3        (V)  Willfully violating or knowingly  assisting  in  the
 4    violation  of  any law of this State relating to the practice
 5    of abortion;
 6        (W)  Continued practice by a person knowingly  having  an
 7    infectious communicable or contagious disease;
 8        (X)  Being  named as a perpetrator in an indicated report
 9    by the Department of Children and Family Services pursuant to
10    the Abused and Neglected Child Reporting Act and  upon  proof
11    by clear and convincing evidence that the licensee has caused
12    a  child  to be an abused child or neglected child as defined
13    in the Abused and Neglected Child Reporting Act;
14        (Y)  Failure to  file  a  return,  or  to  pay  the  tax,
15    penalty,  or  interest shown in a filed return, or to pay any
16    final assessment of tax, penalty, or interest, as required by
17    any tax  Act  administered  by  the  Illinois  Department  of
18    Revenue,  until such time as the requirements of any such tax
19    Act are satisfied; or
20        (Z)  Failure to fulfill continuing education requirements
21    as prescribed in Section 10 of this Act.
22        (AA)  Failure to comply with the terms and conditions  of
23    an  agreement  with  the  Impaired  Professionals  Assistance
24    System or other such approved treatment program.
25        The  determination  by a circuit court that a licensee is
26    subject to involuntary admission  or  judicial  admission  as
27    provided  in the Mental Health and Developmental Disabilities
28    Code operates as an automatic  suspension.   Such  suspension
29    will  end  only  upon  a finding by a court that the athletic
30    trainer is no longer  subject  to  involuntary  admission  or
31    judicial  admission  and  issues  an  order  so  finding  and
32    discharging  the  athlete; and upon the recommendation of the
33    Board to the Director that the licensee be allowed to  resume
34    his or her practice.
 
                            -19-               LRB9215313ACcd
 1        In  enforcing this Section, the Department upon a showing
 2    of a possible violation may compel an individual licensed  to
 3    practice  under  this  Act  or  who has applied for licensure
 4    pursuant to this Act  to  submit  to  a  mental  or  physical
 5    examination,  or  both,  as required by and at the expense of
 6    the  Department.  The  examining   physicians   or   clinical
 7    psychologists  shall  be those specifically designated by the
 8    Department. The individual to be examined may have, at his or
 9    her own expense, another physician or  clinical  psychologist
10    of  his  or  her  choice  present  during all aspects of this
11    examination. Failure of any individual to submit to a  mental
12    or  physical  examination  when directed shall be grounds for
13    suspension of his or her license until the individual submits
14    to the examination if the Department finds, after notice  and
15    hearing,  that  the  refusal to submit to the examination was
16    without reasonable cause.
17        If  the  Department  determines  that  an  applicant   or
18    licensee  is  unable  to  practice because of the reasons set
19    forth in this Section,  the  Department  may  discipline  the
20    licensee  or  require the applicant or licensee to enter into
21    an agreement of care,  counseling,  and  treatment  with  the
22    Department to enroll and participate in an approved treatment
23    program   in   accordance  with  the  Impaired  Professionals
24    Assistance  System,  subject  to  terms  and  conditions  the
25    Department deems appropriate.
26        An  individual  whose  license  was  granted,  continued,
27    reinstated, renewed, disciplined, or  supervised  subject  to
28    such  terms,  conditions,  or  restrictions  and who fails to
29    comply with such terms, conditions, or restrictions shall  be
30    referred  to  the  Director for a determination as to whether
31    the individual  shall  have  his  or  her  license  suspended
32    immediately, pending a hearing by the Department.
33    (Source: P.A. 91-357, eff. 7-29-99.)
 
                            -20-               LRB9215313ACcd
 1        (225 ILCS 5/16.5 new)
 2        (Section scheduled to be repealed on January 1, 2006)
 3        Sec.  16.5. Reporting requirements. The Department shall,
 4    by rule, provide for the reporting by all  employers  to  the
 5    Impaired  Professionals Assistance System of all instances in
 6    which a person licensed under this Act  who  is  impaired  by
 7    reason  of  age, drug or alcohol abuse, or physical or mental
 8    impairment, is under supervision and, where  appropriate,  is
 9    in  a  program  of  rehabilitation. Reports shall be strictly
10    confidential and may  be  reviewed  and  considered  only  by
11    authorized  Department  staff as provided by rule. Provisions
12    shall be made for the periodic report of the  status  of  any
13    such  licensee  not  less  than  twice  annually  so that the
14    Department shall  have  current  information  upon  which  to
15    determine  the  status  of  any  such  licensee.  Initial and
16    periodic  reports  of  impaired  licensees   shall   not   be
17    considered  records  within  the meaning of the State Records
18    Act and shall be disposed of, following  a  determination  by
19    the Department that such reports are no longer required, in a
20    manner  and at such time as the Department shall determine by
21    rule.

22        Section 20.  The Clinical Psychologist Licensing  Act  is
23    amended by changing Sections 2 and 15 and adding Section 14.1
24    as follows:

25        (225 ILCS 15/2) (from Ch. 111, par. 5352)
26        (Section scheduled to be repealed on January 1, 2007)
27        Sec. 2.  Definitions.  As used in this Act:
28             (1)  "Department"    means    the    Department   of
29        Professional Regulation.
30             (2)  "Director" means the Director  of  Professional
31        Regulation.
32             (3)  "Board"   means   the   Clinical  Psychologists
 
                            -21-               LRB9215313ACcd
 1        Licensing  and  Disciplinary  Board  appointed   by   the
 2        Director.
 3             (4)  "Person"   means  an  individual,  association,
 4        partnership or corporation.
 5             (5)  "Clinical  psychology"  means  the  independent
 6        evaluation,  classification  and  treatment  of   mental,
 7        emotional, behavioral or nervous disorders or conditions,
 8        developmental   disabilities,  alcoholism  and  substance
 9        abuse, disorders of habit or conduct,  the  psychological
10        aspects  of  physical  illness.  The practice of clinical
11        psychology   includes    psychoeducational    evaluation,
12        therapy,   remediation   and  consultation,  the  use  of
13        psychological and neuropsychological testing, assessment,
14        psychotherapy, psychoanalysis, hypnosis, biofeedback, and
15        behavioral modification when any of these  are  used  for
16        the purpose of preventing or eliminating psychopathology,
17        or  for  the  amelioration  of psychological disorders of
18        individuals or groups.  "Clinical  psychology"  does  not
19        include   the  use  of  hypnosis  by  unlicensed  persons
20        pursuant to Section 3.
21             (6)  A person represents himself to be  a  "clinical
22        psychologist"  within  the meaning of this Act when he or
23        she holds himself out to  the  public  by  any  title  or
24        description   of   services   incorporating   the   words
25        "psychological",      "psychologic",      "psychologist",
26        "psychology",  or  "clinical  psychologist" or under such
27        title or description offers to render or renders clinical
28        psychological services as defined  in  paragraph  (7)  of
29        this  Section to individuals, corporations, or the public
30        for remuneration.
31             (7)  "Clinical psychological services" refers to any
32        services under paragraph (5) of this Section if the words
33        "psychological",      "psychologic",      "psychologist",
34        "psychology"  or  "clinical  psychologist"  are  used  to
 
                            -22-               LRB9215313ACcd
 1        describe such services  by  the  person  or  organization
 2        offering to render or rendering them.
 3             (8)  "Impaired" means the inability to practice with
 4        reasonable  skill  and  safety  due to physical or mental
 5        disabilities as evidenced by a written  determination  or
 6        written  consent  based  on  clinical evidence, including
 7        deterioration through the aging process or loss of  motor
 8        skill,  abuse  of  drugs  or  alcohol,  or  a psychiatric
 9        disorder, of sufficient degree to diminish  the  person's
10        ability to deliver competent patient care.
11             (9)  "Impaired   Professionals   Assistance  System"
12        means the  program  established  by  Section  16  of  the
13        Department   of  Professional  Regulation  Law  (20  ILCS
14        2105/2105-16).
15             (10)  "Program of care,  counseling,  or  treatment"
16        means  a  written agreement between the Department and an
17        applicant or licensee requiring  that  the  applicant  or
18        licensee  enroll  and  participate in a treatment program
19        approved  by  the  Department.  The  agreement  may  also
20        specify terms and conditions deemed  appropriate  by  the
21        Board.
22        This  Act shall not apply to persons lawfully carrying on
23    their particular  profession  or  business  under  any  valid
24    existing regulatory Act of the State.
25    (Source: P.A. 89-702, eff. 7-1-97; 90-473, eff. 1-1-98.)

26        (225 ILCS 15/15) (from Ch. 111, par. 5365)
27        (Section scheduled to be repealed on January 1, 2007)
28        Sec.  15.  Disciplinary action; grounds.   The Department
29    may refuse to issue, refuse to renew, suspend, or revoke  any
30    license,  or  may  place on probation, censure, reprimand, or
31    take other disciplinary  action  deemed  appropriate  by  the
32    Department,  including  the imposition of fines not to exceed
33    $5000 for each violation, with regard to any  license  issued
 
                            -23-               LRB9215313ACcd
 1    under the provisions of this Act for any one or a combination
 2    of the following reasons:
 3        (1)  Conviction  of  any crime that is a felony under the
 4    laws of the United States or any state or  territory  thereof
 5    or  that  is  a  misdemeanor of which an essential element is
 6    dishonesty, or any crime that  is  directly  related  to  the
 7    practice of the profession.
 8        (2)  Gross   negligence  in  the  rendering  of  clinical
 9    psychological services.
10        (3)  Using  fraud  or  making  any  misrepresentation  in
11    applying for a license or in passing the examination provided
12    for in this Act.
13        (4)  Aiding or abetting or conspiring to aid  or  abet  a
14    person,  not a clinical psychologist licensed under this Act,
15    in representing himself or  herself  as  so  licensed  or  in
16    applying for a license under this Act.
17        (5)  Violation  of any provision of this Act or the rules
18    promulgated thereunder.
19        (6)  Professional  connection  or  association  with  any
20    person, firm, association, partnership or corporation holding
21    himself, herself, themselves, or itself  out  in  any  manner
22    contrary to this Act.
23        (7)  Unethical, unauthorized or unprofessional conduct as
24    defined  by rule. In establishing those rules, the Department
25    shall consider, though is not bound by, the ethical standards
26    for  psychologists   promulgated   by   recognized   national
27    psychology associations.
28        (8)  Aiding  or assisting another person in violating any
29    provisions of this Act or the rules promulgated thereunder.
30        (9)  Failing to provide, within 60 days,  information  in
31    response to a written request made by the Department.
32        (10)  Habitual  or excessive use or addiction to alcohol,
33    narcotics, stimulants, or any other chemical  agent  or  drug
34    that  results  in  a  clinical  psychologist's  inability  to
 
                            -24-               LRB9215313ACcd
 1    practice with reasonable judgment, skill or safety.
 2        (11)  Discipline   by   another   state,  territory,  the
 3    District of Columbia or foreign country, if at least  one  of
 4    the  grounds  for the discipline is the same or substantially
 5    equivalent to those set forth herein.
 6        (12)  Directly or indirectly giving or receiving from any
 7    person, firm, corporation,  association  or  partnership  any
 8    fee, commission, rebate or other form of compensation for any
 9    professional service not actually or personally rendered.
10        (13)  A  finding  by  the  Board that the licensee, after
11    having his or her license placed on probationary  status  has
12    violated the terms of probation.
13        (14)  Willfully   making   or  filing  false  records  or
14    reports, including but  not  limited  to,  false  records  or
15    reports filed with State agencies or departments.
16        (15)  Physical  illness,  including  but  not limited to,
17    deterioration through the aging process,  mental  illness  or
18    disability  that  results  in  the  inability to practice the
19    profession with reasonable judgment, skill and safety.
20        (16)  Willfully  failing  to  report   an   instance   of
21    suspected  child  abuse  or neglect as required by the Abused
22    and Neglected Child Reporting Act.
23        (17)  Being named as a perpetrator in an indicated report
24    by the Department of Children and Family Services pursuant to
25    the Abused and Neglected Child Reporting Act, and upon  proof
26    by clear and convincing evidence that the licensee has caused
27    a  child  to be an abused child or neglected child as defined
28    in the Abused and Neglected Child Reporting Act.
29        (18)  Violation of the Health Care  Worker  Self-Referral
30    Act.
31        (19)  Making   a   material  misstatement  in  furnishing
32    information to the Department, any  other  State  or  federal
33    agency, or any other entity.
34        (20)  Failure  to comply with the terms and conditions of
 
                            -25-               LRB9215313ACcd
 1    an  agreement  with  the  Impaired  Professionals  Assistance
 2    System or other such approved treatment program.
 3        The entry of an order by any circuit  court  establishing
 4    that  any  person holding a license under this Act is subject
 5    to involuntary admission or judicial  admission  as  provided
 6    for in the Mental Health and Developmental Disabilities Code,
 7    operates  as  an  automatic suspension of that license.  That
 8    person may have his or her license  restored  only  upon  the
 9    determination  by  a  circuit  court  that  the patient is no
10    longer subject to involuntary admission or judicial admission
11    and the issuance of an order so finding and  discharging  the
12    patient and upon the Board's recommendation to the Department
13    that  the  license  be  restored.  Where the circumstances so
14    indicate, the Board  may recommend to the Department that  it
15    require  an  examination  prior  to  restoring any license so
16    automatically suspended.
17        The Department may refuse to issue  or  may  suspend  the
18    license  of  any person who fails to file a return, or to pay
19    the tax, penalty or interest shown in a filed return,  or  to
20    pay  any  final assessment of the tax penalty or interest, as
21    required  by  any  tax  Act  administered  by  the   Illinois
22    Department of Revenue, until such time as the requirements of
23    any such tax Act are satisfied.
24        In  enforcing this Section, the Board upon a showing of a
25    possible violation may compel any person licensed to practice
26    under  this  Act,  or  who  has  applied  for  licensure   or
27    certification  pursuant to this Act, to submit to a mental or
28    physical examination, or both, as  required  by  and  at  the
29    expense  of  the  Department.   The  examining  physicians or
30    clinical psychologists shall be those specifically designated
31    by the Board.  The Board or  the  Department  may  order  the
32    examining  physician  or  clinical  psychologist  to  present
33    testimony  concerning  this mental or physical examination of
34    the licensee or applicant.  No information shall be  excluded
 
                            -26-               LRB9215313ACcd
 1    by  reason  of any common law or statutory privilege relating
 2    to communications between the licensee or applicant  and  the
 3    examining  physician or clinical psychologist.  The person to
 4    be examined may have, at his  or  her  own  expense,  another
 5    physician  or  clinical  psychologist  of  his  or her choice
 6    present during all aspects of the  examination.   Failure  of
 7    any  person  to  submit  to a mental or physical examination,
 8    when directed, shall be grounds for suspension of  a  license
 9    until  the  person  submits  to  the examination if the Board
10    finds, after notice and hearing, that the refusal  to  submit
11    to the examination was without reasonable cause.
12        If  the Board determines that an applicant or licensee is
13    unable to practice because of the reasons set forth  in  this
14    Section, the Board may discipline the licensee or require the
15    applicant  or  licensee  to  enter into an agreement of care,
16    counseling, and treatment with the Department to  enroll  and
17    participate  in  an  approved treatment program in accordance
18    with the Impaired Professionals Assistance System, subject to
19    terms and conditions the Board deems appropriate.
20        If the Board finds a person unable to practice because of
21    the reasons set forth in this Section, the Board may  require
22    that  person  to  submit  to care, counseling or treatment by
23    physicians or clinical psychologists approved  or  designated
24    by  the  Board,  as  a  condition,  term,  or restriction for
25    continued, reinstated, or renewed licensure to practice;  or,
26    in  lieu  of  care,  counseling  or  treatment, the Board may
27    recommend  to  the  Department  to  file   a   complaint   to
28    immediately  suspend,  revoke  or  otherwise  discipline  the
29    license  of the person. Any person whose license was granted,
30    continued, reinstated,  renewed,  disciplined  or  supervised
31    subject  to  such  terms, conditions or restrictions, and who
32    fails to comply with such terms, conditions or  restrictions,
33    shall  be  referred to the Director for a determination as to
34    whether the person shall have his or  her  license  suspended
 
                            -27-               LRB9215313ACcd
 1    immediately, pending a hearing by the Board.
 2        In instances in which the Director immediately suspends a
 3    person's  license  under  this  Section,  a  hearing  on that
 4    person's license must be convened by the Board within 15 days
 5    after the suspension and completed without appreciable delay.
 6    The Board shall have the  authority  to  review  the  subject
 7    person's  record  of  treatment  and counseling regarding the
 8    impairment, to the extent  permitted  by  applicable  federal
 9    statutes  and regulations safeguarding the confidentiality of
10    medical records.
11        A person licensed under this Act and affected under  this
12    Section  shall  be  afforded an opportunity to demonstrate to
13    the Board that he or she can resume  practice  in  compliance
14    with acceptable and prevailing standards under the provisions
15    of his or her license.
16    (Source: P.A. 89-702, eff. 7-1-97.)

17        (225 ILCS 15/14.1 new)
18        (Section scheduled to be repealed on January 1, 2007)
19        Sec.  14.1. Reporting requirements. The Department shall,
20    by rule, provide for the reporting by all  employers  to  the
21    Impaired  Professionals Assistance System of all instances in
22    which a person licensed under this Act  who  is  impaired  by
23    reason  of  age, drug or alcohol abuse, or physical or mental
24    impairment, is under supervision and, where  appropriate,  is
25    in  a  program  of  rehabilitation. Reports shall be strictly
26    confidential and may  be  reviewed  and  considered  only  by
27    authorized  Department  staff as provided by rule. Provisions
28    shall be made for the periodic report of the  status  of  any
29    such  licensee  not  less  than  twice  annually  so that the
30    Department shall  have  current  information  upon  which  to
31    determine  the  status  of  any  such  licensee.  Initial and
32    periodic  reports  of  impaired  licensees   shall   not   be
33    considered  records  within  the meaning of the State Records
 
                            -28-               LRB9215313ACcd
 1    Act and shall be disposed of, following  a  determination  by
 2    the Department that such reports are no longer required, in a
 3    manner  and at such time as the Department shall determine by
 4    rule.

 5        Section 25.  The Clinical Social  Work  and  Social  Work
 6    Practice  Act  is  amended  by changing Sections 3 and 19 and
 7    adding Section 19.5 as follows:

 8        (225 ILCS 20/3) (from Ch. 111, par. 6353)
 9        (Section scheduled to be repealed on January 1, 2008)
10        Sec. 3.  Definitions.:  The following words  and  phrases
11    shall  have  the  meanings  ascribed  to them in this Section
12    unless the context clearly indicates otherwise:
13        1.  "Department" means  the  Department  of  Professional
14    Regulation.
15        2.   "Director"  means  the Director of the Department of
16    Professional Regulation.
17        3.   "Board"  means  the  Social   Work   Examining   and
18    Disciplinary Board.
19        4.   "Licensed Clinical Social Worker" means a person who
20    holds a  license  authorizing  the  independent  practice  of
21    clinical  social  work  in  Illinois under the auspices of an
22    employer or in private practice.
23        5.  "Clinical social work practice" means  the  providing
24    of  mental health services for the evaluation, treatment, and
25    prevention of mental and emotional disorders in  individuals,
26    families   and  groups  based  on  knowledge  and  theory  of
27    psychosocial    development,    behavior,    psychopathology,
28    unconscious  motivation,  interpersonal  relationships,   and
29    environmental stress.
30        6.  "Treatment  procedures"  means  among  other  things,
31    individual, marital, family and group psychotherapy.
32        7.  "Independent  practice of clinical social work" means
 
                            -29-               LRB9215313ACcd
 1    the application of clinical social work knowledge and  skills
 2    by  a  licensed  clinical  social worker who regulates and is
 3    responsible  for  her  or  his  own  practice  or   treatment
 4    procedures.
 5        8.  "License"  means  that  which is required to practice
 6    clinical social work or  social  work  under  this  Act,  the
 7    qualifications   for   which   include   specific  education,
 8    acceptable experience and examination requirements.
 9        9.  "Licensed social worker" means a person who  holds  a
10    license  authorizing  the  practice  of  social  work,  which
11    includes   social   services   to   individuals,   groups  or
12    communities in any one  or  more  of  the  fields  of  social
13    casework,  social  group  work,  community  organization  for
14    social   welfare,   social   work  research,  social  welfare
15    administration or social work education.  Social casework and
16    social group work may also include clinical social  work,  as
17    long  as  it  is not conducted in an independent practice, as
18    defined in this Section.
19        "Impaired"  means  the   inability   to   practice   with
20    reasonable  skill  and  safety  due  to  physical  or  mental
21    disabilities  as  evidenced  by  a  written  determination or
22    written  consent  based  on  clinical   evidence,   including
23    deterioration  through  the  aging  process  or loss of motor
24    skill, abuse of drugs or alcohol, or a psychiatric  disorder,
25    of  sufficient  degree  to  diminish  the person's ability to
26    deliver competent patient care.
27        "Impaired  Professionals  Assistance  System"  means  the
28    program established  by  Section  16  of  the  Department  of
29    Professional Regulation Law (20 ILCS 2105/2105-16).
30        "Program  of  care,  counseling,  or  treatment"  means a
31    written agreement between the Department and an applicant  or
32    licensee  requiring that the applicant or licensee enroll and
33    participate  in  a  treatment   program   approved   by   the
34    Department.   The   agreement  may  also  specify  terms  and
 
                            -30-               LRB9215313ACcd
 1    conditions deemed appropriate by the Board.
 2    (Source: P.A. 85-1440.)

 3        (225 ILCS 20/19) (from Ch. 111, par. 6369)
 4        (Section scheduled to be repealed on January 1, 2008)
 5        Sec. 19.  Grounds for disciplinary action.
 6        (1)  The Department may refuse to issue, refuse to renew,
 7    suspend, or revoke any license, or may  place  on  probation,
 8    censure,  reprimand, or take other disciplinary action deemed
 9    appropriate by the Department, including  the  imposition  of
10    fines not to exceed $1,000 for each violation, with regard to
11    any  license  issued under the provisions of this Act for any
12    one or a combination of the following reasons:
13             (a)  material misstatements of  fact  in  furnishing
14        information  to  the  Department  or  to  any other State
15        agency or in  furnishing  information  to  any  insurance
16        company  with  respect to a claim on behalf of a licensee
17        or a patient;
18             (b)  violations   or   negligent   or    intentional
19        disregard  of  this  Act, or any of the rules promulgated
20        hereunder;
21             (c)  conviction of any crime under the laws  of  the
22        United States or any state or territory thereof that is a
23        felony  or  misdemeanor, of which an essential element is
24        dishonesty, or of any crime which is directly related  to
25        the  practice  of the clinical social work or social work
26        professions;
27             (d)  making any misrepresentation for the purpose of
28        obtaining licenses, or violating any  provision  of  this
29        Act or any of the rules promulgated hereunder;
30             (e)  professional incompetence;
31             (f)  malpractice;
32             (g)  aiding or assisting another person in violating
33        any provision or this Act or any rules;
 
                            -31-               LRB9215313ACcd
 1             (h)  failing  to  provide information within 60 days
 2        in response to a written request made by the Department;
 3             (i)  engaging   in   dishonorable,   unethical    or
 4        unprofessional  conduct of a character likely to deceive,
 5        defraud or harm the public as defined by the rules of the
 6        Department,  or  violating  the  rules  of   professional
 7        conduct  adopted  by  the  Board  and  published  by  the
 8        Department;
 9             (j)  habitual  or  excessive  use  or  addiction  to
10        alcohol,  narcotics,  stimulants,  or  any other chemical
11        agent or drug that results in a clinical social  worker's
12        or  social worker's inability to practice with reasonable
13        judgment, skill, or safety;
14             (k)  discipline by another jurisdiction, if at least
15        one of the grounds for the  discipline  is  the  same  or
16        substantially  equivalent  to  those  set  forth  in this
17        Section;
18             (1)  directly or indirectly giving to  or  receiving
19        from   any  person,  firm,  corporation,  partnership  or
20        association any fee, commission, rebate or other form  of
21        compensation  for  any  professional service not actually
22        rendered;
23             (m)  a finding by the Board that the licensee, after
24        having the license placed  on  probationary  status,  has
25        violated the terms of probation;
26             (n)  abandonment, without cause, of a client;
27             (o)  wilfully  filing  false  reports  relating to a
28        licensee's practice, including but not limited  to  false
29        records   filed   with   Federal  or  State  agencies  or
30        departments;
31             (p)  wilfully  failing  to  report  an  instance  of
32        suspected child abuse  or  neglect  as  required  by  the
33        Abused and Neglected Child Reporting Act;
34             (q)  being  named  as  a perpetrator in an indicated
 
                            -32-               LRB9215313ACcd
 1        report by the Department of Children and Family  Services
 2        under  the  Abused and Neglected Child Reporting Act, and
 3        upon proof by clear  and  convincing  evidence  that  the
 4        licensee  has  caused  a  child  to be an abused child or
 5        neglected child as defined in the  Abused  and  Neglected
 6        Child Reporting Act;
 7             (r)  physical   or   mental   disability,  including
 8        deterioration through  the  aging  process,  or  loss  of
 9        abilities  and  skills  which results in the inability to
10        practice the profession with reasonable  judgment,  skill
11        or safety;
12             (s)  solicitation  of professional services by using
13        false or misleading advertising; or
14             (t)  violation   of   the   Health    Care    Worker
15        Self-Referral Act; or.
16             (u)  failure to comply with the terms and conditions
17        of   an   agreement   with   the  Impaired  Professionals
18        Assistance  System  or  other  such  approved   treatment
19        program.
20        (2)  (Blank).
21        (3)  The  determination  by  a  court  that a licensee is
22    subject to involuntary admission  or  judicial  admission  as
23    provided  in the Mental Health and Developmental Disabilities
24    Code, will result in an automatic suspension of his  license.
25    Such  suspension  will end upon a finding by a court that the
26    licensee is no longer subject  to  involuntary  admission  or
27    judicial  admission  and  issues  an  order  so  finding  and
28    discharging  the  patient, and upon the recommendation of the
29    Board to the Director that the licensee be allowed to  resume
30    professional practice.
31        (4)  The  Department  may  refuse to issue or may suspend
32    the license of a person who fails to file a return,  pay  the
33    tax, penalty, or interest shown in a filed return, or pay any
34    final assessment of tax, penalty, or interest, as required by
 
                            -33-               LRB9215313ACcd
 1    any  tax Act administered by the Department of Revenue, until
 2    the requirements of the tax Act are satisfied.
 3        (5)  In enforcing this Section, the Board upon a  showing
 4    of  a  possible  violation  may  compel  a person licensed to
 5    practice under this Act, or who has applied for licensure  or
 6    certification  pursuant to this Act, to submit to a mental or
 7    physical examination, or both, as  required  by  and  at  the
 8    expense of the Department.  The examining physicians shall be
 9    those specifically designated by the Board.  The Board or the
10    Department  may  order  the  examining  physician  to present
11    testimony concerning this mental or physical  examination  of
12    the  licensee or applicant.  No information shall be excluded
13    by reason of any common law or statutory  privilege  relating
14    to  communications  between the licensee or applicant and the
15    examining physician. The person to be examined may  have,  at
16    his  or  her  own  expense,  another  physician of his or her
17    choice  present  during  all  aspects  of  the   examination.
18    Failure  of  any  person  to  submit  to a mental or physical
19    examination, when directed, shall be grounds  for  suspension
20    of  a  license until the person submits to the examination if
21    the Board finds, after notice and hearing, that  the  refusal
22    to submit to the examination was without reasonable cause.
23        If  the Board determines that an applicant or licensee is
24    unable to practice because of the reasons set forth  in  this
25    Section, the Board may discipline the licensee or require the
26    applicant  or  licensee  to  enter into an agreement of care,
27    counseling, and  treatment  with  the  Board  to  enroll  and
28    participate  in  an  approved treatment program in accordance
29    with the Impaired Professionals Assistance System, subject to
30    terms and conditions the Board deems appropriate.
31        If the Board finds a person unable to practice because of
32    the reasons set forth in this Section, the Board may  require
33    that  person  to  submit to care, counseling, or treatment by
34    physicians  approved  or  designated  by  the  Board,  as   a
 
                            -34-               LRB9215313ACcd
 1    condition, term, or restriction for continued, reinstated, or
 2    renewed   licensure   to  practice;  or,  in  lieu  of  care,
 3    counseling or treatment,  the  Board  may  recommend  to  the
 4    Department to file a complaint to immediately suspend, revoke
 5    or otherwise discipline the license of the person. Any person
 6    whose  license  was  granted, continued, reinstated, renewed,
 7    disciplined or supervised subject to such  terms,  conditions
 8    or  restrictions,  and  who  fails to comply with such terms,
 9    conditions,  or  restrictions,  shall  be  referred  to   the
10    Director  for  a determination as to whether the person shall
11    have his or her  license  suspended  immediately,  pending  a
12    hearing by the Board.
13        In instances in which the Director immediately suspends a
14    person's  license  under  this  Section,  a  hearing  on that
15    person's license must be convened by the Board within 15 days
16    after the suspension and completed without appreciable delay.
17    The Board shall have the  authority  to  review  the  subject
18    person's  record  of  treatment  and counseling regarding the
19    impairment, to the extent  permitted  by  applicable  federal
20    statutes  and regulations safeguarding the confidentiality of
21    medical records.
22        A person licensed under this Act and affected under  this
23    Section  shall  be  afforded an opportunity to demonstrate to
24    the Board that he or she can resume  practice  in  compliance
25    with acceptable and prevailing standards under the provisions
26    of his or her license.
27    (Source: P.A. 90-150, eff. 12-30-97.)

28        (225 ILCS 20/19.5 new)
29        (Section scheduled to be repealed on January 1, 2008)
30        Sec.  19.5. Reporting requirements. The Department shall,
31    by rule, provide for the reporting by all  employers  to  the
32    Impaired  Professionals Assistance System of all instances in
33    which a person licensed under this Act  who  is  impaired  by
 
                            -35-               LRB9215313ACcd
 1    reason  of  age, drug or alcohol abuse, or physical or mental
 2    impairment, is under supervision and, where  appropriate,  is
 3    in  a  program  of  rehabilitation. Reports shall be strictly
 4    confidential and may  be  reviewed  and  considered  only  by
 5    authorized  Department  staff as provided by rule. Provisions
 6    shall be made for the periodic report of the  status  of  any
 7    such  licensee  not  less  than  twice  annually  so that the
 8    Department shall  have  current  information  upon  which  to
 9    determine  the  status  of  any  such  licensee.  Initial and
10    periodic  reports  of  impaired  licensees   shall   not   be
11    considered  records  within  the meaning of the State Records
12    Act and shall be disposed of, following  a  determination  by
13    the Department that such reports are no longer required, in a
14    manner  and at such time as the Department shall determine by
15    rule.

16        Section  30.  The Illinois Dental Practice Act is amended
17    by changing Sections 4, 23, and 24 and  adding  Section  24.5
18    and as follows:

19        (225 ILCS 25/4) (from Ch. 111, par. 2304)
20        (Section scheduled to be repealed on January 1, 2006)
21        Sec. 4.  Definitions.  As used in this Act:
22        (a)  "Department"   means   the  Illinois  Department  of
23    Professional Regulation.
24        (b)  "Director"  means  the  Director   of   Professional
25    Regulation.
26        (c)  "Board"  means the Board of Dentistry established by
27    Section 6 of this Act.
28        (d)  "Dentist" means a person who has received a  general
29    license  pursuant  to paragraph (a) of Section 11 of this Act
30    and who may perform any  intraoral  and  extraoral  procedure
31    required in the practice of dentistry and to whom is reserved
32    the responsibilities specified in Section 17.
 
                            -36-               LRB9215313ACcd
 1        (e)  "Dental  hygienist"  means  a  person  who  holds  a
 2    license   under  this  Act  to  perform  dental  services  as
 3    authorized by Section 18.
 4        (f)  "Dental assistant" means  an  appropriately  trained
 5    person  who,  under  the  supervision  of a dentist, provides
 6    dental services as authorized by Section 17.
 7        (g)  "Dental  laboratory"  means  a   person,   firm   or
 8    corporation which:
 9             (i)  engages  in  making,  providing,  repairing  or
10        altering   dental   prosthetic   appliances   and   other
11        artificial  materials and devices which are returned to a
12        dentist for insertion into the human oral cavity or which
13        come in contact with its adjacent structures and tissues;
14        and
15             (ii)  utilizes or employs  a  dental  technician  to
16        provide such services; and
17             (iii)  performs such functions only for a dentist or
18        dentists.
19        (h)  "Supervision"   means   supervision   of   a  dental
20    hygienist or a dental  assistant  requiring  that  a  dentist
21    authorize  the procedure, remain in the dental facility while
22    the procedure is performed, and approve the work performed by
23    the dental hygienist or dental assistant before dismissal  of
24    the  patient,  but  does  not  mean  that the dentist must be
25    present at all times in the treatment room.
26        (i)  "General supervision" means supervision of a  dental
27    hygienist  requiring  that a dentist authorize the procedures
28    which are being carried out, but not requiring that a dentist
29    be  present  when  the  authorized   procedures   are   being
30    performed.   The  authorized procedures may also be performed
31    at a place other than the dentist's usual place of  practice.
32    The  issuance  of  a prescription to a dental laboratory by a
33    dentist does not constitute general supervision.
34        (j)  "Public member" means a person who is not  a  health
 
                            -37-               LRB9215313ACcd
 1    professional.  For  purposes  of board membership, any person
 2    with a significant financial interest in a health service  or
 3    profession is not a public member.
 4        (k)  "Dentistry" means the healing art which is concerned
 5    with  the examination, diagnosis, treatment planning and care
 6    of conditions within the human oral cavity and  its  adjacent
 7    tissues and structures, as further specified in Section 17.
 8        (l)  "Branches    of   dentistry"   means   the   various
 9    specialties of dentistry which, for  purposes  of  this  Act,
10    shall  be  limited  to  the  following: endodontics, oral and
11    maxillofacial   surgery,   orthodontics    and    dentofacial
12    orthopedics,      pediatric      dentistry,     periodontics,
13    prosthodontics, and oral and maxillofacial radiology.
14        (m)  "Specialist" means a  dentist  who  has  received  a
15    specialty license pursuant to Section 11(b).
16        (n)  "Dental   technician"   means  a  person  who  owns,
17    operates or is employed by a dental laboratory and engages in
18    making, providing, repairing or  altering  dental  prosthetic
19    appliances  and  other artificial materials and devices which
20    are returned to a dentist for insertion into the  human  oral
21    cavity  or which come in contact with its adjacent structures
22    and tissues.
23        (o)  (Blank).  "Impaired  dentist"  or  "impaired  dental
24    hygienist" means a dentist or dental hygienist who is  unable
25    to  practice  with  reasonable  skill and safety because of a
26    physical or mental  disability  as  evidenced  by  a  written
27    determination  or written consent based on clinical evidence,
28    including deterioration through the aging  process,  loss  of
29    motor  skills,  abuse  of  drugs or alcohol, or a psychiatric
30    disorder, of  sufficient  degree  to  diminish  the  person's
31    ability to deliver competent patient care.
32        (p)  "Nurse"  means  a  registered  professional nurse, a
33    certified registered nurse anesthetist  anesthesist  licensed
34    as  an advanced practice nurse, or a licensed practical nurse
 
                            -38-               LRB9215313ACcd
 1    licensed under the Nursing and Advanced Practice Nursing Act.
 2        (r)  "Impaired" means  the  inability  to  practice  with
 3    reasonable  skill  and  safety  due  to  physical  or  mental
 4    disabilities  as  evidenced  by  a  written  determination or
 5    written  consent  based  on  clinical   evidence,   including
 6    deterioration  through  the  aging  process  or loss of motor
 7    skill, abuse of drugs or alcohol, or a psychiatric  disorder,
 8    of  sufficient  degree  to  diminish  the person's ability to
 9    deliver competent patient care.
10        (s)  "Impaired Professionals Assistance System" means the
11    program established  by  Section  16  of  the  Department  of
12    Professional Regulation Law (20 ILCS 2105/2105-16).
13        (t)  "Program  of care, counseling, or treatment" means a
14    written agreement between the Department and an applicant  or
15    licensee  requiring that the applicant or licensee enroll and
16    participate  in  a  treatment   program   approved   by   the
17    Department.   The   agreement  may  also  specify  terms  and
18    conditions deemed appropriate by the Board.
19    (Source: P.A.  91-138,  eff.  1-1-00;  91-689,  eff.  1-1-01;
20    92-280, eff. 1-1-02; revised 9-19-01.)

21        (225 ILCS 25/23) (from Ch. 111, par. 2323)
22        (Section scheduled to be repealed on January 1, 2006)
23        Sec.  23.  Refusal,  revocation  or  suspension of dental
24    licenses.  The Department may refuse to issue  or  renew,  or
25    may  revoke,  suspend,  place on probation, reprimand or take
26    other disciplinary action as the Department may deem  proper,
27    including  fines  not  to  exceed $10,000 per violation, with
28    regard to any license for any one or any combination  of  the
29    following causes:
30        1.  Fraud in procuring the license.
31        2.  Habitual  intoxication  or  addiction  to  the use of
32    drugs.
33        3.  Wilful or repeated violations of  the  rules  of  the
 
                            -39-               LRB9215313ACcd
 1    Department of Public Health or Department of Nuclear Safety.
 2        4.  Acceptance of a fee for service as a witness, without
 3    the knowledge of the court, in addition to the fee allowed by
 4    the court.
 5        5.  Division  of  fees or agreeing to split or divide the
 6    fees  received  for  dental  services  with  any  person  for
 7    bringing or referring a patient, except in regard to referral
 8    services as provided for under Section 45,  or  assisting  in
 9    the  care or treatment of a patient, without the knowledge of
10    the patient or his legal representative.
11        6.  Employing, procuring, inducing, aiding or abetting  a
12    person  not  licensed or registered as a dentist to engage in
13    the practice of dentistry. The person practiced upon  is  not
14    an accomplice, employer, procurer, inducer, aider, or abetter
15    within the meaning of this Act.
16        7.  Making  any  misrepresentations  or  false  promises,
17    directly  or  indirectly,  to  influence,  persuade or induce
18    dental patronage.
19        8.  Professional  connection  or  association   with   or
20    lending  his  name  to  another  for  the illegal practice of
21    dentistry  by  another,   or   professional   connection   or
22    association  with  any  person,  firm  or corporation holding
23    himself, herself, themselves, or itself  out  in  any  manner
24    contrary to this Act.
25        9.  Obtaining  or  seeking  to obtain practice, money, or
26    any  other  things  of   value   by   false   or   fraudulent
27    representations,   but  not  limited  to,  engaging  in  such
28    fraudulent practice to defraud the medical assistance program
29    of the Department of Public Aid.
30        10.  Practicing under a name other than his or her own.
31        11.  Engaging    in    dishonorable,    unethical,     or
32    unprofessional  conduct  of  a  character  likely to deceive,
33    defraud, or harm the public.
34        12.  Conviction in this or another  State  of  any  crime
 
                            -40-               LRB9215313ACcd
 1    which  is a felony under the laws of this State or conviction
 2    of a felony in a federal court, conviction of a  misdemeanor,
 3    an essential element of which is dishonesty, or conviction of
 4    any  crime  which  is  directly  related  to  the practice of
 5    dentistry or dental hygiene.
 6        13.  Permitting a dental hygienist, dental  assistant  or
 7    other  person  under  his  or  her supervision to perform any
 8    operation not authorized by this Act.
 9        14.  Permitting more  than  4  dental  hygienists  to  be
10    employed under his supervision at any one time.
11        15.  A  violation  of  any  provision  of this Act or any
12    rules promulgated under this Act.
13        16.  Taking impressions for or using the services of  any
14    person, firm or corporation violating this Act.
15        17.  Violating  any  provision  of Section 45 relating to
16    advertising.
17        18.  Discipline by another U.S. jurisdiction  or  foreign
18    nation,  if at least one of the grounds for the discipline is
19    the same or  substantially  equivalent  to  those  set  forth
20    within this Act.
21        19.  Willfully failing to report an instance of suspected
22    child  abuse  or  neglect  as  required  by  the  Abused  and
23    Neglected Child Reporting Act.
24        20.  Gross or repeated malpractice resulting in injury or
25    death of a patient.
26        21.  The  use  or  prescription  for  use of narcotics or
27    controlled substances or designated products as listed in the
28    Illinois Controlled Substances Act, in any way other than for
29    therapeutic purposes.
30        22.  Willfully making or filing false records or  reports
31    in  his practice as a dentist, including, but not limited to,
32    false records to support claims against the dental assistance
33    program of the Illinois Department of Public Aid.
34        23.  Professional  incompetence  as  manifested  by  poor
 
                            -41-               LRB9215313ACcd
 1    standards of care.
 2        24.  Physical  or  mental  illness,  including,  but  not
 3    limited to, deterioration through the aging process, or  loss
 4    of  motor  skills  which  results in a dentist's inability to
 5    practice dentistry with reasonable judgment, skill or safety.
 6    In enforcing this paragraph,  the  Department  may  compel  a
 7    person  licensed  to  practice  under this Act to submit to a
 8    mental or physical examination  pursuant  to  the  terms  and
 9    conditions of Section 23b.
10        25.  Repeated irregularities in billing a third party for
11    services  rendered  to  a  patient.   For  purposes  of  this
12    paragraph 25, "irregularities in billing" shall include:
13             (a)  Reporting  excessive charges for the purpose of
14        obtaining a total  payment  in  excess  of  that  usually
15        received by the dentist for the services rendered.
16             (b)  Reporting charges for services not rendered.
17             (c)  Incorrectly reporting services rendered for the
18        purpose of obtaining payment not earned.
19        26.  Continuing  the  active  practice of dentistry while
20    knowingly having any infectious, communicable, or  contagious
21    disease proscribed by rule or regulation of the Department.
22        27.  Being  named as a perpetrator in an indicated report
23    by the Department of Children and Family Services pursuant to
24    the Abused and Neglected Child Reporting Act, and upon  proof
25    by clear and convincing evidence that the licensee has caused
26    a  child  to be an abused child or neglected child as defined
27    in the Abused and Neglected Child Reporting Act.
28        28.  Violating the Health Care Worker Self-Referral Act.
29        29.  Abandonment of a patient.
30        30.  Mental  incompetency  as  declared  by  a  court  of
31    competent jurisdiction.
32        31. Failure to comply with the terms and conditions of an
33    agreement with the Impaired Professionals  Assistance  System
34    or other such approved treatment program.
 
                            -42-               LRB9215313ACcd
 1        All proceedings to suspend, revoke, place on probationary
 2    status,   or  take  any  other  disciplinary  action  as  the
 3    Department may deem proper, with regard to a license  on  any
 4    of  the  foregoing  grounds, must be commenced within 3 years
 5    after receipt by the Department of a complaint  alleging  the
 6    commission  of  or  notice of the conviction order for any of
 7    the acts described herein.  Except for fraud in  procuring  a
 8    license, no action shall be commenced more than 5 years after
 9    the date of the incident or act alleged to have violated this
10    Section.  The time during which the holder of the license was
11    outside  the  State  of Illinois shall not be included within
12    any period of time limiting the commencement of  disciplinary
13    action by the Department.
14        The  Department  may  refuse  to issue or may suspend the
15    license of any person who fails to file a return, or  to  pay
16    the  tax,  penalty or interest shown in a filed return, or to
17    pay any final assessment of  tax,  penalty  or  interest,  as
18    required   by  any  tax  Act  administered  by  the  Illinois
19    Department of Revenue, until such time as the requirements of
20    any such tax Act are satisfied.
21        In enforcing this Section, the Department or Board upon a
22    showing of a possible  violation  may  compel  an  individual
23    licensed  to  practice  under this Act or who has applied for
24    licensure pursuant to this Act  to  submit  to  a  mental  or
25    physical  examination,  or  both,  as  required by and at the
26    expense  of  the  Department.  The  examining  physicians  or
27    clinical psychologists shall be those specifically designated
28    by the Department or Board. The individual to be examined may
29    have, at  his  or  her  own  expense,  another  physician  or
30    clinical psychologist of his or her choice present during all
31    aspects  of  this  examination.  Failure of any individual to
32    submit to a mental  or  physical  examination  when  directed
33    shall  be  grounds for suspension of his or her license until
34    the individual submits to the examination if  the  Department
 
                            -43-               LRB9215313ACcd
 1    or Board finds, after notice and hearing, that the refusal to
 2    submit to the examination was without reasonable cause.
 3        If  the  Department or Board determines that an applicant
 4    or licensee is unable to practice because of the reasons  set
 5    forth in this Section, the Department or Board may discipline
 6    the  licensee  or  require the applicant or licensee to enter
 7    into an agreement of care, counseling, and treatment with the
 8    Department to enroll and participate in an approved treatment
 9    program  in  accordance  with  the   Impaired   Professionals
10    Assistance  System,  subject  to  terms  and  conditions  the
11    Department or Board deems appropriate.
12        An  individual  whose  license  was  granted,  continued,
13    reinstated,  renewed,  disciplined,  or supervised subject to
14    such terms, conditions, or  restrictions  and  who  fails  to
15    comply  with such terms, conditions, or restrictions shall be
16    referred to the Director for a determination  as  to  whether
17    the  individual  shall  have  his  or  her  license suspended
18    immediately, pending a hearing by the Department or Board.
19    (Source: P.A. 91-357, eff. 7-29-99; 91-689, eff. 1-1-01.)

20        (225 ILCS 25/24) (from Ch. 111, par. 2324)
21        (Section scheduled to be repealed on January 1, 2006)
22        Sec. 24.  Refusal, Suspension  or  Revocation  of  Dental
23    Hygienist  License.   The  Department  may refuse to issue or
24    renew, may revoke, suspend, place on probation, reprimand  or
25    take  other  disciplinary  action  as the Department may deem
26    proper, including fines not to exceed $2,500  per  violation,
27    with  regard  to  any dental hygienist license for any one or
28    any combination of the following causes:
29        1.  Fraud in procuring license.
30        2.  Performing any operation not authorized by this Act.
31        3.  Practicing  dental  hygiene  other  than  under   the
32    supervision of a licensed dentist as provided by this Act.
33        4.  The  wilful violation of, or the wilful procuring of,
 
                            -44-               LRB9215313ACcd
 1    or knowingly assisting in the violation of, any Act which  is
 2    now or which hereafter may be in force in this State relating
 3    to the use of habit-forming drugs.
 4        5.  The  obtaining of, or an attempt to obtain a license,
 5    or practice in the profession, or money, or any  other  thing
 6    of value by fraudulent representation.
 7        6.  Gross   negligence   in   performing   the  operative
 8    procedure of dental hygiene.
 9        7.  Active practice of  dental  hygiene  while  knowingly
10    having  any  infectious,  communicable, or contagious disease
11    proscribed by rule or regulation of the Department.
12        8.  Habitual intoxication or  addiction  to  the  use  of
13    habit-forming drugs.
14        9.  Conviction  in  this  or  another  state of any crime
15    which is a felony under the laws of this State or  conviction
16    of a felony in a federal court, if the Department determines,
17    after   investigation,   that   such   person  has  not  been
18    sufficiently rehabilitated to warrant the public trust.
19        10.  Aiding  or  abetting  the  unlicensed  practice   of
20    dentistry or dental hygiene.
21        11.  Discipline by another U.S. jurisdiction or a foreign
22    nation,  if at least one of the grounds for the discipline is
23    the same or substantially equivalent to those  set  forth  in
24    this Act.
25        12.  Violating the Health Care Worker Self-Referral Act.
26        13.  Violating  the  prohibitions of Section 38.1 of this
27    Act.
28        14. Failure to comply with the terms and conditions of an
29    agreement with the Impaired Professionals  Assistance  System
30    or other such approved treatment program.
31        The  provisions  of  this Act relating to proceedings for
32    the suspension  and  revocation  of  a  license  to  practice
33    dentistry  shall  apply  to proceedings for the suspension or
34    revocation of a license as a dental hygienist.
 
                            -45-               LRB9215313ACcd
 1        In enforcing this Section, the Department or Board upon a
 2    showing of a possible  violation  may  compel  an  individual
 3    licensed  to  practice  under this Act or who has applied for
 4    licensure pursuant to this Act  to  submit  to  a  mental  or
 5    physical  examination,  or  both,  as  required by and at the
 6    expense  of  the  Department.  The  examining  physicians  or
 7    clinical psychologists shall be those specifically designated
 8    by the Department or Board. The individual to be examined may
 9    have, at  his  or  her  own  expense,  another  physician  or
10    clinical psychologist of his or her choice present during all
11    aspects  of  this  examination.  Failure of any individual to
12    submit to a mental  or  physical  examination  when  directed
13    shall  be  grounds for suspension of his or her license until
14    the individual submits to the examination if  the  Department
15    or Board finds, after notice and hearing, that the refusal to
16    submit to the examination was without reasonable cause.
17        If  the  Department or Board determines that an applicant
18    or licensee is unable to practice because of the reasons  set
19    forth in this Section, the Department or Board may discipline
20    the  licensee  or  require the applicant or licensee to enter
21    into an agreement of care, counseling, and treatment with the
22    Department or Board to enroll and participate in an  approved
23    treatment   program   in   accordance   with   the   Impaired
24    Professionals Assistance, subject to terms and conditions the
25    Department or Board deems appropriate.
26        An  individual  whose  license  was  granted,  continued,
27    reinstated,  renewed,  disciplined,  or supervised subject to
28    such terms, conditions, or  restrictions  and  who  fails  to
29    comply  with such terms, conditions, or restrictions shall be
30    referred to the Director for a determination  as  to  whether
31    the  individual  shall  have  his  or  her  license suspended
32    immediately, pending a hearing by the Department or Board.
33    (Source: P.A. 91-520, eff. 1-1-00.)
 
                            -46-               LRB9215313ACcd
 1        (225 ILCS 25/24.5 new)
 2        (Section scheduled to be repealed on January 1, 2006)
 3        Sec. 24.5. Reporting requirements. The Department  shall,
 4    by  rule,  provide  for the reporting by all employers to the
 5    Impaired Professionals Assistance System of all instances  in
 6    which  a  person  licensed  under this Act who is impaired by
 7    reason of age, drug or alcohol abuse, or physical  or  mental
 8    impairment,  is  under supervision and, where appropriate, is
 9    in a program of rehabilitation.  Reports  shall  be  strictly
10    confidential  and  may  be  reviewed  and  considered only by
11    authorized Department staff as provided by  rule.  Provisions
12    shall  be  made  for the periodic report of the status of any
13    such licensee not  less  than  twice  annually  so  that  the
14    Department  shall  have  current  information  upon  which to
15    determine the  status  of  any  such  licensee.  Initial  and
16    periodic   reports   of   impaired  licensees  shall  not  be
17    considered records within the meaning of  the  State  Records
18    Act  and  shall  be disposed of, following a determination by
19    the Department that such reports are no longer required, in a
20    manner and at such time as the Department shall determine  by
21    rule.

22        Section    35.    The  Dietetic  and  Nutrition  Services
23    Practice Act is amended by changing Sections 10  and  95  and
24    adding Section 96 as follows:

25        (225 ILCS 30/10) (from Ch. 111, par. 8401-10)
26        (Section scheduled to be repealed on December 31, 2002)
27        Sec. 10.  Definitions.  As used in this Act:
28        "Board"   means   the  Dietetic  and  Nutrition  Services
29    Practice Board appointed by the Director.
30        "Department"  means  the   Department   of   Professional
31    Regulation.
32        "Dietetics"  means  the  integration  and  application of
 
                            -47-               LRB9215313ACcd
 1    principles derived from the sciences of food and nutrition to
 2    provide for all aspects of nutrition care for individuals and
 3    groups, including, but not limited to nutrition services  and
 4    medical nutrition care as defined in this Act.
 5        "Director"  means  the  Director  of  the  Department  of
 6    Professional Regulation.
 7        "Impaired"   means   the   inability   to  practice  with
 8    reasonable  skill  and  safety  due  to  physical  or  mental
 9    disabilities as  evidenced  by  a  written  determination  or
10    written   consent   based  on  clinical  evidence,  including
11    deterioration through the aging  process  or  loss  of  motor
12    skill,  abuse of drugs or alcohol, or a psychiatric disorder,
13    of sufficient degree to  diminish  the  person's  ability  to
14    deliver competent patient care.
15        "Impaired  Professionals  Assistance  System"  means  the
16    program  established  by  Section  16  of  the  Department of
17    Professional Regulation Law (20 ILCS 2105/2105-16).
18        "Licensed  dietitian"  means  a  person  licensed   under
19    Section 45 of this Act to practice dietetics. Activities of a
20    licensed  dietitian  do  not include the medical differential
21    diagnoses of the health status of an individual.
22        "Licensed nutrition counselor" means  a  person  licensed
23    under  Section  50  of  this  Act  to  provide  any aspect of
24    nutrition services as defined in this Act.  Activities  of  a
25    licensed nutrition counselor do not include medical nutrition
26    care  as  defined  in  this  Act  or the medical differential
27    diagnoses of the health status of an individual.
28        "Medical nutrition care" means the component of nutrition
29    care that deals with:
30             (a)  interpreting and  recommending  nutrient  needs
31        relative  to  medically  prescribed diets, including, but
32        not limited to  tube  feedings,  specialized  intravenous
33        solutions, and specialized oral feedings;
34             (b)  food and prescription drug interactions; and
 
                            -48-               LRB9215313ACcd
 1             (c)  developing and managing food service operations
 2        whose  chief  function is nutrition care and provision of
 3        medically prescribed diets.
 4        "Medically prescribed diet" means a diet prescribed  when
 5    specific  food  or  nutrient  levels  need  to  be monitored,
 6    altered, or both as a component of a treatment program for an
 7    individual whose health status is impaired or at risk due  to
 8    disease,  injury,  or  surgery  and  may only be performed as
 9    initiated by or in consultation with a physician licensed  to
10    practice medicine in all of its branches.
11        "Nutrition   assessment"  means  the  evaluation  of  the
12    nutrition needs of individuals or  groups  using  appropriate
13    data   to   determine  nutrient  needs  or  status  and  make
14    appropriate nutrition recommendations.
15        "Nutrition  counseling"  means  advising  and   assisting
16    individuals  or  groups  on  appropriate  nutrition intake by
17    integrating information from the nutrition assessment.
18        "Nutrition services for  individuals  and  groups"  shall
19    include, but is not limited to, all of the following;
20             (a)  Providing  nutrition  assessments  relative  to
21        preventive maintenance or restorative care.
22             (b)  Providing  nutrition  education  and  nutrition
23        counseling  as  components  of  preventive maintenance or
24        restorative care.
25             (c)  Developing and  managing  systems  whose  chief
26        function   is  nutrition  care.  Nutrition  services  for
27        individuals and groups does not include medical nutrition
28        care as defined in this Act.
29        "Practice   experience"    means    a    preprofessional,
30    documented,  supervised  practice  in  dietetics or nutrition
31    services that is acceptable to the Department  in  compliance
32    with  requirements for licensure, as specified in Sections 45
33    and 50. It may be or may  include  a  documented,  supervised
34    practice  experience  which is a component of the educational
 
                            -49-               LRB9215313ACcd
 1    requirements for licensure, as specified in Section 45 or 50.
 2        "Program of  care,  counseling,  or  treatment"  means  a
 3    written  agreement between the Department and an applicant or
 4    licensee requiring that the applicant or licensee enroll  and
 5    participate   in   a   treatment   program  approved  by  the
 6    Department.  The  agreement  may  also  specify   terms   and
 7    conditions deemed appropriate by the Board.
 8        "Registered  dietitian"  means  an  individual registered
 9    with the Commission on Dietetic Registration, the accrediting
10    body for the American Dietetic Association.
11        "Restorative" means the component of nutrition care  that
12    deals  with  oral  dietary  needs for individuals and groups.
13    Activities shall relate to the metabolism  of  food  and  the
14    requirements for nutrients, including dietary supplements for
15    growth,  development,  maintenance,  or attainment of optimal
16    health.
17    (Source: P.A. 87-784; 87-1000.)

18        (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
19        (Section scheduled to be repealed on December 31, 2002)
20        Sec. 95.  Grounds for  discipline.   The  Department  may
21    refuse  to  issue  or renew, or may revoke, suspend, place on
22    probation, reprimand, or take other  disciplinary  action  as
23    the Department may deem proper, including fines not to exceed
24    $1000  for  each  violation,  with  regard  to any license or
25    certificate for any  one  or  combination  of  the  following
26    causes:
27             (a)  Material misstatement in furnishing information
28        to the Department.
29             (b)  Violations of this Act or its rules.
30             (c)  Conviction  of  any crime under the laws of the
31        United States or any state or territory thereof  that  is
32        (i) a felony; (ii) a misdemeanor, an essential element of
33        which  is  dishonesty;  or (iii) a crime that is directly
 
                            -50-               LRB9215313ACcd
 1        related to the practice of the profession.
 2             (d)  Making any misrepresentation for the purpose of
 3        obtaining licensure or violating any  provision  of  this
 4        Act.
 5             (e)  Professional incompetence or gross negligence.
 6             (f)  Malpractice.
 7             (g)  Aiding or assisting another person in violating
 8        any provision of this Act or its rules.
 9             (h)  Failing  to  provide information within 60 days
10        in response to a written request made by the Department.
11             (i)  Engaging   in   dishonorable,   unethical    or
12        unprofessional  conduct of a character likely to deceive,
13        defraud, or harm the public.
14             (j)  Habitual  or  excessive  use  or  addiction  to
15        alcohol, narcotics, stimulants,  or  any  other  chemical
16        agent  or  drug that results in the inability to practice
17        with reasonable judgment, skill, or safety.
18             (k)  Discipline  by  another  state,  territory,  or
19        country if at least one of the grounds for the discipline
20        is the same or  substantially  equivalent  to  those  set
21        forth in this Act.
22             (l)  Directly  or  indirectly giving to or receiving
23        from  any  person,  firm,  corporation,  partnership,  or
24        association any fee, commission, rebate, or other form of
25        compensation for any professional services  not  actually
26        or personally rendered.
27             (m)  A  finding by the Department that the licensee,
28        after having his or her license  placed  on  probationary
29        status, has violated the terms of probation.
30             (n)  Conviction    by   any   court   of   competent
31        jurisdiction, either within or outside this State, of any
32        violation of any law governing the practice of  dietetics
33        or  nutrition  counseling,  if the Department determines,
34        after  investigation,  that  the  person  has  not   been
 
                            -51-               LRB9215313ACcd
 1        sufficiently rehabilitated to warrant the public trust.
 2             (o)  A  finding  that licensure has been applied for
 3        or obtained by fraudulent means.
 4             (p)  Practicing or attempting to  practice  under  a
 5        name  other than the full name as shown on the license or
 6        any other legally authorized name.
 7             (q)  Gross and willful overcharging for professional
 8        services including filing statements  for  collection  of
 9        fees or monies for which services are not rendered.
10             (r)  Failure to (i) file a return, (ii) pay the tax,
11        penalty or interest shown in a filed return, or (iii) pay
12        any  final  assessment  of  tax,  penalty or interest, as
13        required by any tax  Act  administered  by  the  Illinois
14        Department of Revenue, until the requirements of any such
15        tax Act are satisfied.
16             (s)  Willfully  failing  to  report  an  instance of
17        suspected child abuse  or  neglect  as  required  by  the
18        Abused and Neglected Child Reporting Act.
19             (t)  Failure to comply with the terms and conditions
20        of   an   agreement   with   the  Impaired  Professionals
21        Assistance  System  or  other  such  approved   treatment
22        program.
23        The  Department  shall  deny any license or renewal under
24    this Act to any person who has defaulted  on  an  educational
25    loan   guaranteed   by   the   Illinois   Student  Assistance
26    Commission; however, the Department may issue  a  license  or
27    renewal   if   the   person  in  default  has  established  a
28    satisfactory repayment record as determined by  the  Illinois
29    Student Assistance Commission.
30        The determination by a circuit court that a registrant is
31    subject  to  involuntary  admission  or judicial admission as
32    provided in the Mental Health and Developmental  Disabilities
33    Code  operates  as  an  automatic suspension. This suspension
34    will end only upon a finding by a court that the  patient  is
 
                            -52-               LRB9215313ACcd
 1    no  longer  subject  to  involuntary  admission  or  judicial
 2    admission,   the   issuance   of  an  order  so  finding  and
 3    discharging the patient, and the recommendation of the  Board
 4    to  the  Director  that  the  registrant be allowed to resume
 5    practice.
 6        In enforcing this Section, the Department upon a  showing
 7    of  a possible violation may compel an individual licensed to
 8    practice under this Act or  who  has  applied  for  licensure
 9    pursuant  to  this  Act  to  submit  to  a mental or physical
10    examination, or both, as required by and at  the  expense  of
11    the   Department.   The   examining  physicians  or  clinical
12    psychologists shall be those specifically designated  by  the
13    Department. The individual to be examined may have, at his or
14    her  own  expense, another physician or clinical psychologist
15    of his or her choice  present  during  all  aspects  of  this
16    examination.  Failure of any individual to submit to a mental
17    or physical examination when directed shall  be  grounds  for
18    suspension of his or her license until the individual submits
19    to  the examination if the Department finds, after notice and
20    hearing, that the refusal to submit to  the  examination  was
21    without reasonable cause.
22        If   the  Department  determines  that  an  applicant  or
23    licensee is unable to practice because  of  the  reasons  set
24    forth  in  this  Section,  the  Department may discipline the
25    licensee or require the applicant or licensee to  enter  into
26    an  agreement  of  care,  counseling,  and treatment with the
27    Department to enroll and participate in an approved treatment
28    program  in  accordance  with  the   Impaired   Professionals
29    Assistance  System,  subject  to  terms  and  conditions  the
30    Department deems appropriate.
31        An  individual  whose  license  was  granted,  continued,
32    reinstated,  renewed,  disciplined,  or supervised subject to
33    such terms, conditions, or  restrictions  and  who  fails  to
34    comply  with such terms, conditions, or restrictions shall be
 
                            -53-               LRB9215313ACcd
 1    referred to the Director for a determination  as  to  whether
 2    the  individual  shall  have  his  or  her  license suspended
 3    immediately, pending a hearing by the Department.
 4    (Source: P.A. 87-784; 87-1000.)

 5        (225 ILCS 30/96 new)
 6        (Section scheduled to be repealed on December 31, 2002)
 7        Sec. 96. Reporting requirements. The Department shall, by
 8    rule, provide for the  reporting  by  all  employers  to  the
 9    Impaired  Professionals Assistance System of all instances in
10    which a person licensed under this Act  who  is  impaired  by
11    reason  of  age, drug or alcohol abuse, or physical or mental
12    impairment, is under supervision and, where  appropriate,  is
13    in  a  program  of  rehabilitation. Reports shall be strictly
14    confidential and may  be  reviewed  and  considered  only  by
15    authorized  Department  staff as provided by rule. Provisions
16    shall be made for the periodic report of the  status  of  any
17    such  licensee  not  less  than  twice  annually  so that the
18    Department shall  have  current  information  upon  which  to
19    determine  the  status  of  any  such  licensee.  Initial and
20    periodic  reports  of  impaired  licensees   shall   not   be
21    considered  records  within  the meaning of the State Records
22    Act and shall be disposed of, following  a  determination  by
23    the Department that such reports are no longer required, in a
24    manner  and at such time as the Department shall determine by
25    rule.

26        Section 40.  The Marriage and  Family  Therapy  Licensing
27    Act  is  amended  by  changing  Sections 10 and 85 and adding
28    Section 86 as follows:

29        (225 ILCS 55/10) (from Ch. 111, par. 8351-10)
30        (Section scheduled to be repealed on January 1, 2008)
31        Sec. 10.  Definitions.  As used in this Act:
 
                            -54-               LRB9215313ACcd
 1        "Advertise" means, but is  not  limited  to,  issuing  or
 2    causing  to  be  distributed  any card, sign or device to any
 3    person; or  causing,  permitting  or  allowing  any  sign  or
 4    marking on or in any building, structure, newspaper, magazine
 5    or  directory,  or  on radio or television; or advertising by
 6    any other means designed to secure public attention.
 7        "Approved  program"  means  an   approved   comprehensive
 8    program  of  study  in  marriage  and  family  therapy  in  a
 9    regionally accredited educational institution approved by the
10    Department   for   the   training   of  marriage  and  family
11    therapists.
12        "Associate licensed marriage and family therapist"  means
13    a  person  to whom an associate marriage and family therapist
14    license has been issued under this Act.
15        "Board" means the Illinois Marriage  and  Family  Therapy
16    Licensing and Disciplinary Board.
17        "Department"   means   the   Department  of  Professional
18    Regulation.
19        "Director"  means  the  Director  of  the  Department  of
20    Professional Regulation.
21        "Impaired"  means  the   inability   to   practice   with
22    reasonable  skill  and  safety  due  to  physical  or  mental
23    disabilities  as  evidenced  by  a  written  determination or
24    written  consent  based  on  clinical   evidence,   including
25    deterioration  through  the  aging  process  or loss of motor
26    skill, abuse of drugs or alcohol, or a psychiatric  disorder,
27    of  sufficient  degree  to  diminish  the person's ability to
28    deliver competent patient care.
29        "Impaired  Professionals  Assistance  System"  means  the
30    program established  by  Section  16  of  the  Department  of
31    Professional Regulation Law (20 ILCS 2105/2105-16).
32        "License"  means  that  which  is  required  to  practice
33    marriage   and   family   therapy   under   this   Act,   the
34    qualifications   for   which   include   specific  education,
 
                            -55-               LRB9215313ACcd
 1    acceptable experience and examination requirements.
 2        "Licensed marriage and family therapist" means  a  person
 3    to  whom  a  marriage  and  family therapist license has been
 4    issued under this Act.
 5        "Marriage and family therapy" means  the  evaluation  and
 6    treatment of mental and emotional problems within the context
 7    of human relationships.  Marriage and family therapy involves
 8    the   use   of   psychotherapeutic   methods   to  ameliorate
 9    interpersonal  and  intrapersonal  conflict  and  to   modify
10    perceptions, beliefs and behavior in areas of human life that
11    include,  but  are  not  limited  to,  premarriage, marriage,
12    sexuality, family, divorce adjustment, and parenting.
13        "Person"  means  any   individual,   firm,   corporation,
14    partnership, organization, or body politic.
15        "Practice  of  marriage  and  family  therapy"  means the
16    rendering  of  marriage  and  family  therapy   services   to
17    individuals,   couples,  and  families  as  defined  in  this
18    Section, either singly or in groups, whether the services are
19    offered  directly  to   the   general   public   or   through
20    organizations,  either public or private, for a fee, monetary
21    or otherwise.
22        "Program of  care,  counseling,  or  treatment"  means  a
23    written  agreement between the Department and an applicant or
24    licensee requiring that the applicant or licensee enroll  and
25    participate   in   a   treatment   program  approved  by  the
26    Department.  The  agreement  may  also  specify   terms   and
27    conditions deemed appropriate by the Board.
28        "Title  or  description"  means  to hold oneself out as a
29    licensed  marriage  and  family  therapist  or  an  associate
30    licensed marriage and family therapist to the public by means
31    of stating on signs, mailboxes, address  plates,  stationery,
32    announcements,   calling   cards   or  other  instruments  of
33    professional identification.
34    (Source: P.A. 91-362, eff. 1-1-00.)
 
                            -56-               LRB9215313ACcd
 1        (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
 2        (Section scheduled to be repealed on January 1, 2008)
 3        Sec. 85.  Refusal, revocation, or suspension.
 4        (a)  The Department may refuse to issue or renew, or  may
 5    revoke  a  license, or may suspend, place on probation, fine,
 6    or take any disciplinary action as the  Department  may  deem
 7    proper,   including  fines  not  to  exceed  $1000  for  each
 8    violation, with  regard  to  any  licensee  for  any  one  or
 9    combination of the following causes:
10             (1)  Material misstatement in furnishing information
11        to the Department.
12             (2)  Violations of this Act or its rules.
13             (3)  Conviction  of  any crime under the laws of the
14        United States or any state or territory thereof  that  is
15        (i) a felony, (ii) a misdemeanor, an essential element of
16        which  is dishonesty, or (iii) a crime that is related to
17        the practice of the profession.
18             (4)  Making any misrepresentation for the purpose of
19        obtaining a license or violating any  provision  of  this
20        Act or its rules.
21             (5)  Professional incompetence or gross negligence.
22             (6)  Malpractice.
23             (7)  Aiding or assisting another person in violating
24        any provision of this Act or its rules.
25             (8)  Failing, within 60 days, to provide information
26        in response to a written request made by the Department.
27             (9)  Engaging   in   dishonorable,   unethical,   or
28        unprofessional  conduct of a character likely to deceive,
29        defraud or harm the public as defined by the rules of the
30        Department,  or  violating  the  rules  of   professional
31        conduct  adopted  by  the  Board  and  published  by  the
32        Department.
33             (10)  Habitual  or  excessive  use  or  addiction to
34        alcohol, narcotics, stimulants,  or  any  other  chemical
 
                            -57-               LRB9215313ACcd
 1        agent  or  drug that results in the inability to practice
 2        with reasonable judgment, skill, or safety.
 3             (11)  Discipline by  another  state,  territory,  or
 4        country if at least one of the grounds for the discipline
 5        is  the  same  or  substantially  equivalent to those set
 6        forth in this Act.
 7             (12)  Directly or indirectly giving to or  receiving
 8        from   any  person,  firm,  corporation,  partnership  or
 9        association any fee, commission, rebate, or other form of
10        compensation for any professional services  not  actually
11        or personally rendered.
12             (13)  A finding by the Department that the licensee,
13        after  having  his  or her license placed on probationary
14        status, has violated the terms of probation.
15             (14)  Abandonment of a patient without cause.
16             (15)  Willfully making or filing  false  records  or
17        reports  relating to a licensee's practice, including but
18        not limited to false records filed with State agencies or
19        departments.
20             (16)  Wilfully failing  to  report  an  instance  of
21        suspected  child  abuse  or  neglect  as  required by the
22        Abused and Neglected Child Reporting Act.
23             (17)  Being named as a perpetrator in  an  indicated
24        report  by the Department of Children and Family Services
25        under the Abused and Neglected Child  Reporting  Act  and
26        upon  proof  by  clear  and  convincing evidence that the
27        licensee has caused a child to  be  an  abused  child  or
28        neglected  child  as  defined in the Abused and Neglected
29        Child Reporting Act.
30             (18)  Physical  or  mental   disability,   including
31        deterioration  through  the  aging  process,  or  loss of
32        abilities and skills that results  in  the  inability  to
33        practice  the profession with reasonable judgment, skill,
34        or safety.
 
                            -58-               LRB9215313ACcd
 1             (19)  Solicitation of professional services by using
 2        false or misleading advertising.
 3             (20)  A finding that licensure has been applied  for
 4        or obtained by fraudulent means.
 5             (21)  Practicing  or  attempting to practice under a
 6        name other than the full name as shown on the license  or
 7        any other legally authorized name.
 8             (22)  Gross  overcharging  for professional services
 9        including filing statements for  collection  of  fees  or
10        moneys for which services are not rendered.
11             (23)  Failure   to   comply   with   the  terms  and
12        conditions   of   an   agreement   with   the    Impaired
13        Professionals  Assistance  System  or other such approved
14        treatment program.
15        (b)  The Department shall  deny  any  application  for  a
16    license,  without  hearing,  or renewal under this Act to any
17    person who has defaulted on an educational loan guaranteed by
18    the Illinois  Student  Assistance  Commission;  however,  the
19    Department  may  issue  a license or renewal if the person in
20    default has established a satisfactory  repayment  record  as
21    determined by the Illinois Student Assistance Commission.
22        (c)  The determination by a circuit court that a licensee
23    is subject to involuntary admission or judicial admission, as
24    provided  in the Mental Health and Developmental Disabilities
25    Code, operates as an automatic  suspension.   The  suspension
26    will  terminate  only  upon  a  finding  by  a court that the
27    patient is no longer  subject  to  involuntary  admission  or
28    judicial  admission  and  the issuance of an order so finding
29    and discharging the patient, and upon the  recommendation  of
30    the  Board  to  the  Director that the licensee be allowed to
31    resume his or her practice as a licensed marriage and  family
32    therapist or an associate marriage and family therapist.
33        (d)  The  Department  may  refuse to issue or may suspend
34    the license of any person who fails to file a return, pay the
 
                            -59-               LRB9215313ACcd
 1    tax, penalty, or interest shown in a filed return or pay  any
 2    final assessment of tax, penalty, or interest, as required by
 3    any  tax  Act  administered  by  the  Illinois  Department of
 4    Revenue, until the time the requirements of the tax  Act  are
 5    satisfied.
 6        (e)  In  enforcing  this Section, the Department or Board
 7    upon  a  showing  of  a  possible  violation  may  compel  an
 8    individual licensed to practice under this Act,  or  who  has
 9    applied  for  licensure under this Act, to submit to a mental
10    or physical examination, or both, as required by and  at  the
11    expense  of the Department. The Department or Board may order
12    the examining physician to present testimony  concerning  the
13    mental  or physical examination of the licensee or applicant.
14    No information shall be excluded by reason of any common  law
15    or statutory privilege relating to communications between the
16    licensee  or  applicant  and  the  examining  physician.  The
17    examining  physicians shall be specifically designated by the
18    Board or Department. The individual to be examined may  have,
19    at  his  or  her own expense, another physician of his or her
20    choice  present  during  all  aspects  of  this  examination.
21    Failure of an individual to submit to a  mental  or  physical
22    examination,  when  directed, shall be grounds for suspension
23    of his or her license until the  individual  submits  to  the
24    examination   if  the  Department  finds,  after  notice  and
25    hearing, that the refusal to submit to  the  examination  was
26    without reasonable cause.
27        If  the Board determines that an applicant or licensee is
28    unable to practice because of the reasons set forth  in  this
29    Section, the Board may discipline the licensee or require the
30    applicant  or  licensee  to  enter into an agreement of care,
31    counseling, and treatment with the Department to  enroll  and
32    participate  in  an  approved treatment program in accordance
33    with the Impaired Professionals Assistance System, subject to
34    terms and conditions the Board deems appropriate.
 
                            -60-               LRB9215313ACcd
 1        If the Department or Board finds an individual unable  to
 2    practice  because  of  the reasons set forth in this Section,
 3    the Department or Board may require that individual to submit
 4    to care, counseling, or treatment by physicians  approved  or
 5    designated  by the Department or Board, as a condition, term,
 6    or  restriction  for  continued,   reinstated,   or   renewed
 7    licensure  to  practice;  or, in lieu of care, counseling, or
 8    treatment,  the  Department  may  file,  or  the  Board   may
 9    recommend   to   the  Department  to  file,  a  complaint  to
10    immediately suspend,  revoke,  or  otherwise  discipline  the
11    license  of  the  individual. An individual whose license was
12    granted,  continued,  reinstated,  renewed,  disciplined   or
13    supervised    subject   to   such   terms,   conditions,   or
14    restrictions, and  who  fails  to  comply  with  such  terms,
15    conditions,   or  restrictions,  shall  be  referred  to  the
16    Director for a determination as  to  whether  the  individual
17    shall  have his or her license suspended immediately, pending
18    a hearing by the Department.
19        In instances in which the Director immediately suspends a
20    person's license  under  this  Section,  a  hearing  on  that
21    person's license must be convened by the Department within 15
22    days  after  the suspension and completed without appreciable
23    delay. The Department and Board shall have the  authority  to
24    review  the  subject  individual's  record  of  treatment and
25    counseling regarding the impairment to the  extent  permitted
26    by  applicable  federal statutes and regulations safeguarding
27    the confidentiality of medical records.
28        An individual licensed under this Act and affected  under
29    this  Section shall be afforded an opportunity to demonstrate
30    to the Department or Board that he or she can resume practice
31    in compliance with acceptable and prevailing standards  under
32    the provisions of his or her license.
33    (Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
 
                            -61-               LRB9215313ACcd
 1        (225 ILCS 55/86 new)
 2        (Section scheduled to be repealed on January 1, 2008)
 3        Sec. 86. Reporting requirements. The Department shall, by
 4    rule,  provide  for  the  reporting  by  all employers to the
 5    Impaired Professionals Assistance System of all instances  in
 6    which  a  person  licensed  under this Act who is impaired by
 7    reason of age, drug or alcohol abuse, or physical  or  mental
 8    impairment,  is  under supervision and, where appropriate, is
 9    in a program of rehabilitation.  Reports  shall  be  strictly
10    confidential  and  may  be  reviewed  and  considered only by
11    authorized Department staff as provided by  rule.  Provisions
12    shall  be  made  for the periodic report of the status of any
13    such licensee not  less  than  twice  annually  so  that  the
14    Department  shall  have  current  information  upon  which to
15    determine the status  of  any  such  licensee.   Initial  and
16    periodic   reports   of   impaired  licensees  shall  not  be
17    considered records within the meaning of  the  State  Records
18    Act  and  shall  be disposed of, following a determination by
19    the Department that such reports are no longer required, in a
20    manner and at such time as the Department shall determine  by
21    rule.

22        Section   45.  The Naprapathic Practice Act is amended by
23    changing Sections 10  and  110  and  adding  Section  111  as
24    following:

25        (225 ILCS 63/10)
26        (Section scheduled to be repealed on December 31, 2002)
27        Sec. 10. Definitions. In this Act:
28        "Naprapath"  means  a person who practices Naprapathy and
29    who has met all requirements as provided in the Act.
30        "Department"  means  the   Department   of   Professional
31    Regulation.
32        "Director" means the Director of Professional Regulation.
 
                            -62-               LRB9215313ACcd
 1        "Committee"  means  the  Naprapathic  Examining Committee
 2    appointed by the Director.
 3        "Referral" means the following of guidance  or  direction
 4    to the naprapath given by the licensed physician, dentist, or
 5    podiatrist who maintains supervision of the patient.
 6        "Documented  current  and  relevant  diagnosis"  means  a
 7    diagnosis, substantiated by signature or oral verification of
 8    a   licensed   physician,  dentist,  or  podiatrist,  that  a
 9    patient's condition  is  such  that  it  may  be  treated  by
10    naprapathy  as  defined  in  this  Act, which diagnosis shall
11    remain in effect until changed  by  the  licensed  physician,
12    dentist, or podiatrist.
13        "Impaired"   means   the   inability   to  practice  with
14    reasonable  skill  and  safety  due  to  physical  or  mental
15    disabilities as  evidenced  by  a  written  determination  or
16    written   consent   based  on  clinical  evidence,  including
17    deterioration through the aging  process  or  loss  of  motor
18    skill,  abuse of drugs or alcohol, or a psychiatric disorder,
19    of sufficient degree to  diminish  the  person's  ability  to
20    deliver competent patient care.
21        "Impaired  Professionals  Assistance  System"  means  the
22    program  established  by  Section  16  of  the  Department of
23    Professional Regulation Law (20 ILCS 2105/2105-16).
24        "Program of  care,  counseling,  or  treatment"  means  a
25    written  agreement between the Department and an applicant or
26    licensee requiring that the applicant or licensee enroll  and
27    participate   in   a   treatment   program  approved  by  the
28    Department.  The  agreement  may  also  specify   terms   and
29    conditions deemed appropriate by the Board.
30    (Source: P.A. 87-1231.)

31        (225 ILCS 63/110)
32        (Section scheduled to be repealed on December 31, 2002)
33        Sec.  110.  Grounds  for  disciplinary  action;  refusal,
 
                            -63-               LRB9215313ACcd
 1    revocation, suspension.
 2        (a)  The  Department  may refuse to issue or to renew, or
 3    may revoke, suspend, place on probation,  reprimand  or  take
 4    other  disciplinary action as the Department may deem proper,
 5    including fines not to exceed $5,000 for each violation, with
 6    regard to any licensee or license for any one or  combination
 7    of the following causes:
 8             (1)  Violations of this Act or its rules.
 9             (2)  Material misstatement in furnishing information
10        to the Department.
11             (3)  Conviction  of  any crime under the laws of any
12        U.S.  jurisdiction  that  is  (i)  a   felony,   (ii)   a
13        misdemeanor, an essential element of which is dishonesty,
14        or   (iii)  directly  related  to  the  practice  of  the
15        profession.
16             (4)  Making any misrepresentation for the purpose of
17        obtaining a license.
18             (5)  Professional incompetence or gross negligence.
19             (6)  Gross malpractice.
20             (7)  Aiding or assisting another person in violating
21        any provision of this Act or its rules.
22             (8)  Failing to provide information within  60  days
23        in response to a written request made by the Department.
24             (9)  Engaging   in   dishonorable,   unethical,   or
25        unprofessional  conduct of a character likely to deceive,
26        defraud, or harm the public.
27             (10)  Habitual or  excessive  use  or  addiction  to
28        alcohol,  narcotics,  stimulants,  or  any other chemical
29        agent or drug that results in the inability  to  practice
30        with reasonable judgment, skill, or safety.
31             (11)  Discipline  by  another  U.S.  jurisdiction or
32        foreign nation if at least one of  the  grounds  for  the
33        discipline  is  the  same  or substantially equivalent to
34        those set forth in this Act.
 
                            -64-               LRB9215313ACcd
 1             (12)  Directly or indirectly giving to or  receiving
 2        from  any  person,  firm,  corporation,  partnership,  or
 3        association any fee, commission, rebate, or other form of
 4        compensation  for  any professional services not actually
 5        or personally rendered.  This  shall  not  be  deemed  to
 6        include   rent   or   other   remunerations  paid  to  an
 7        individual, partnership, or corporation  by  a  naprapath
 8        for  the  lease,  rental,  or  use  of  space,  owned  or
 9        controlled by the individual, partnership, corporation or
10        association.
11             (13)  Using  the  title "Doctor" or its abbreviation
12        without further clarifying  that  title  or  abbreviation
13        with   the   word  "naprapath"  or  "naprapathy"  or  the
14        designation "D.N.".
15             (14)  A finding by the Department that the licensee,
16        after having his or her license  placed  on  probationary
17        status, has violated the terms of probation.
18             (15)  Abandonment of a patient without cause.
19             (16)  Willfully  making  or  filing false records or
20        reports relating to a licensee's practice, including  but
21        not  limited  to, false records filed with State agencies
22        or departments.
23             (17)  Willfully failing to  report  an  instance  of
24        suspected  child  abuse  or  neglect  as  required by the
25        Abused and Neglected Child Reporting Act.
26             (18)  Physical illness, including  but  not  limited
27        to,  deterioration  through  the aging process or loss of
28        motor skill that results in the inability to practice the
29        profession with reasonable judgment, skill, or safety.
30             (19)  Solicitation of professional services by means
31        other than permitted advertising.
32             (20)  Failure to provide a patient with  a  copy  of
33        his  or  her  record  upon  the  written  request  of the
34        patient.
 
                            -65-               LRB9215313ACcd
 1             (21)  Conviction   by   any   court   of   competent
 2        jurisdiction, either within or without this State, of any
 3        violation  of  any  law   governing   the   practice   of
 4        naprapathy,  conviction  in  this or another state of any
 5        crime which is a felony under the laws of this  State  or
 6        conviction  of  a  felony  in  a  federal  court,  if the
 7        Department  determines,  after  investigation,  that  the
 8        person has not been sufficiently rehabilitated to warrant
 9        the public trust.
10             (22)  A finding that licensure has been applied  for
11        or obtained by fraudulent means.
12             (23)  Continued   practice  by  a  person  knowingly
13        having an infectious or contagious disease.
14             (24)  Being named as a perpetrator in  an  indicated
15        report  by the Department of Children and Family Services
16        under the Abused and Neglected Child  Reporting  Act  and
17        upon  proof  by  clear  and  convincing evidence that the
18        licensee has caused a child to be an abused  child  or  a
19        neglected  child  as  defined in the Abused and Neglected
20        Child Reporting Act.
21             (25)  Practicing or attempting to practice  under  a
22        name other than the full name shown on the license.
23             (26)  Immoral  conduct in the commission of any act,
24        such  as  sexual  abuse,  sexual  misconduct,  or  sexual
25        exploitation, related to the licensee's practice.
26             (27)  Maintaining a professional  relationship  with
27        any  person,  firm,  or  corporation  when  the naprapath
28        knows,  or  should  know,  that  the  person,  firm,   or
29        corporation is violating this Act.
30             (28)  Promotion  of  the  sale  of food supplements,
31        devices, appliances, or goods provided for  a  client  or
32        patient  in  such  manner  as  to  exploit the patient or
33        client for financial gain of the licensee.
34             (29)  Having treated ailments of human beings  other
 
                            -66-               LRB9215313ACcd
 1        than  by  the  practice  of naprapathy as defined in this
 2        Act, or having treated ailments  of  human  beings  as  a
 3        licensed  naprapath  independent of a documented referral
 4        or documented  current  and  relevant  diagnosis  from  a
 5        physician,  dentist,  or  podiatrist, or having failed to
 6        notify  the  physician,  dentist,   or   podiatrist   who
 7        established  a  documented current and relevant diagnosis
 8        that  the  patient  is  receiving  naprapathic  treatment
 9        pursuant to that diagnosis.
10             (30)  Use by a  registered  naprapath  of  the  word
11        "infirmary",   "hospital",   "school",  "university",  in
12        English or any other language,  in  connection  with  the
13        place where naprapathy may be practiced or demonstrated.
14             (31)  Continuance  of  a  naprapath in the employ of
15        any person, firm, or corporation, or as an  assistant  to
16        any  naprapath  or  naprapaths,  directly  or indirectly,
17        after his or her employer  or  superior  has  been  found
18        guilty  of  violating or has been enjoined from violating
19        the laws  of  the  State  of  Illinois  relating  to  the
20        practice  of  naprapathy  when  the  employer or superior
21        persists in that violation.
22             (32)  The  performance  of  naprapathic  service  in
23        conjunction with a scheme or plan  with  another  person,
24        firm,  or corporation known to be advertising in a manner
25        contrary to this Act or otherwise violating the  laws  of
26        the   State   of  Illinois  concerning  the  practice  of
27        naprapathy.
28             (33)  Failure  to  provide  satisfactory  proof   of
29        having  participated  in  approved  continuing  education
30        programs  as  determined by the Committee and approved by
31        the Director.  Exceptions for extreme hardships are to be
32        defined by the rules of the Department.
33             (34)  Willfully making or filing  false  records  or
34        reports in the practice of naprapathy, including, but not
 
                            -67-               LRB9215313ACcd
 1        limited  to,  false records to support claims against the
 2        medical assistance program of the  Department  of  Public
 3        Aid under the Illinois Public Aid Code.
 4             (35)  Gross or willful overcharging for professional
 5        services including filing false statements for collection
 6        of  fees  for which services are not rendered, including,
 7        but  not  limited  to,  filing   false   statements   for
 8        collection  of  monies for services not rendered from the
 9        medical assistance program of the  Department  of  Public
10        Aid under the Illinois Public Aid Code.
11             (36)  Mental illness, including, but not limited to,
12        deterioration  through the aging process or loss of motor
13        skill that results  in  the  inability  to  practice  the
14        profession with reasonable judgment, skill, or safety.
15             (37)  Failure   to   comply   with   the  terms  and
16        conditions   of   an   agreement   with   the    Impaired
17        Professionals  Assistance  System  or other such approved
18        treatment program.
19        The Department may refuse to issue  or  may  suspend  the
20    license  of  any  person who fails to (i) file a return or to
21    pay the tax, penalty or interest shown in a filed  return  or
22    (ii)  pay  any  final  assessment  of  the  tax,  penalty, or
23    interest as required by  any  tax  Act  administered  by  the
24    Illinois  Department  of  Revenue,  until  the  time that the
25    requirements of that tax Act are satisfied.
26        (b)  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
30    will  end  only upon a finding by a court that the patient is
31    no  longer  subject  to  involuntary  admission  or  judicial
32    admission,  the  issuance  of  an  order   so   finding   and
33    discharging  the  patient,  and  the  recommendation  of  the
34    Committee  to  the  Director  that the licensee be allowed to
 
                            -68-               LRB9215313ACcd
 1    resume his or her practice.
 2        In enforcing this Section, the Department upon a  showing
 3    of  a possible violation may compel an individual licensed to
 4    practice under this Act or  who  has  applied  for  licensure
 5    pursuant  to  this  Act  to  submit  to  a mental or physical
 6    examination, or both, as required by and at  the  expense  of
 7    the   Department.   The   examining  physicians  or  clinical
 8    psychologists shall be those specifically designated  by  the
 9    Department. The individual to be examined may have, at his or
10    her  own  expense, another physician or clinical psychologist
11    of his or her choice  present  during  all  aspects  of  this
12    examination.  Failure of any individual to submit to a mental
13    or physical examination when directed shall  be  grounds  for
14    suspension of his or her license until the individual submits
15    to  the examination if the Department finds, after notice and
16    hearing, that the refusal to submit to  the  examination  was
17    without reasonable cause.
18        If   the  Department  determines  that  an  applicant  or
19    licensee is unable to practice because  of  the  reasons  set
20    forth  in  this  Section,  the  Department may discipline the
21    licensee or require the applicant or licensee to  enter  into
22    an  agreement  of  care,  counseling,  and treatment with the
23    Department to enroll and participate in an approved treatment
24    program  in  accordance  with  the   Impaired   Professionals
25    Assistance  System,  subject  to  terms  and  conditions  the
26    Department deems appropriate.
27        An  individual  whose  license  was  granted,  continued,
28    reinstated,  renewed,  disciplined,  or supervised subject to
29    such terms, conditions, or  restrictions  and  who  fails  to
30    comply  with such terms, conditions, or restrictions shall be
31    referred to the Director for a determination  as  to  whether
32    the  individual  shall  have  his  or  her  license suspended
33    immediately, pending a hearing by the Department.
34    (Source: P.A. 89-61, eff. 6-30-95.)
 
                            -69-               LRB9215313ACcd
 1        (225 ILCS 63/111 new)
 2        (Section scheduled to be repealed on December 31, 2002)
 3        Sec. 111. Reporting requirements. The  Department  shall,
 4    by  rule,  provide  for the reporting by all employers to the
 5    Impaired Professionals Assistance System of all instances  in
 6    which  a  person  licensed  under this Act who is impaired by
 7    reason of age, drug or alcohol abuse, or physical  or  mental
 8    impairment,  is  under supervision and, where appropriate, is
 9    in a program of rehabilitation.  Reports  shall  be  strictly
10    confidential  and  may  be  reviewed  and  considered only by
11    authorized Department staff as provided by  rule.  Provisions
12    shall  be  made  for the periodic report of the status of any
13    such licensee not  less  than  twice  annually  so  that  the
14    Department  shall  have  current  information  upon  which to
15    determine the status  of  any  such  licensee.   Initial  and
16    periodic   reports   of   impaired  licensees  shall  not  be
17    considered records within the meaning of  the  State  Records
18    Act  and  shall  be disposed of, following a determination by
19    the Department that such reports are no longer required, in a
20    manner and at such time as the Department shall determine  by
21    rule.

22        Section  50.  The  Nursing  and Advanced Practice Nursing
23    Act is amended by changing Sections 5-10, 10-45, 10-50, 15-5,
24    and 15-50 as follows:

25        (225 ILCS 65/5-10)
26        (Section scheduled to be repealed on January 1, 2008)
27        Sec. 5-10.  Definitions.  Each of  the  following  terms,
28    when  used in this Act, shall have the meaning ascribed to it
29    in this Section, except where the context  clearly  indicates
30    otherwise:
31        (a)  "Department"  means  the  Department of Professional
32    Regulation.
 
                            -70-               LRB9215313ACcd
 1        (b)  "Director"  means  the  Director   of   Professional
 2    Regulation.
 3        (c)  "Board"  means the Board of Nursing appointed by the
 4    Director.
 5        (d)  "Academic year" means the customary annual  schedule
 6    of  courses  at  a  college,  university, or approved school,
 7    customarily regarded as the school year as distinguished from
 8    the calendar year.
 9        (e)  "Approved program of professional nursing education"
10    and "approved program of  practical  nursing  education"  are
11    programs  of professional or practical nursing, respectively,
12    approved by the Department under the provisions of this Act.
13        (f)  "Nursing  Act  Coordinator"   means   a   registered
14    professional nurse appointed by the Director to carry out the
15    administrative policies of the Department.
16        (g)  "Assistant   Nursing   Act   Coordinator"   means  a
17    registered professional nurse appointed by  the  Director  to
18    assist  in  carrying  out  the administrative policies of the
19    Department.
20        (h)  "Registered" is the equivalent of "licensed".
21        (i)  "Practical  nurse"  or  "licensed  practical  nurse"
22    means a person who is licensed as  a  practical  nurse  under
23    this  Act  and  practices  practical  nursing  as  defined in
24    paragraph (j)  of  this  Section.   Only  a  practical  nurse
25    licensed  under  this  Act  is  entitled  to  use  the  title
26    "licensed practical nurse" and the abbreviation "L.P.N.".
27        (j)  "Practical nursing" means the performance of nursing
28    acts  requiring  the  basic nursing knowledge, judgement, and
29    skill  acquired  by  means  of  completion  of  an   approved
30    practical   nursing  education  program.   Practical  nursing
31    includes assisting in the nursing process as delegated by and
32    under the direction of a registered professional nurse.   The
33    practical  nurse  may  work under the direction of a licensed
34    physician,  dentist,  podiatrist,  or   other   health   care
 
                            -71-               LRB9215313ACcd
 1    professional determined by the Department.
 2        (k)  "Registered   Nurse"   or  "Registered  Professional
 3    Nurse" means a person who is licensed as a professional nurse
 4    under this Act and practices nursing as defined in  paragraph
 5    (l)  of this Section.  Only a registered nurse licensed under
 6    this Act is entitled to use the titles "registered nurse" and
 7    "registered professional nurse" and the abbreviation, "R.N.".
 8        (l)  "Registered professional nursing practice"  includes
 9    all  nursing  specialities  and  means the performance of any
10    nursing act based upon professional knowledge, judgment,  and
11    skills  acquired  by  means  of  completion  of  an  approved
12    registered   professional   nursing   education  program.   A
13    registered   professional   nurse   provides   nursing   care
14    emphasizing   the   importance   of   the   whole   and   the
15    interdependence of its parts through the nursing  process  to
16    individuals,  groups, families, or communities, that includes
17    but is not limited  to:  (1)  the  assessment  of  healthcare
18    needs,   nursing  diagnosis,  planning,  implementation,  and
19    nursing  evaluation;  (2)  the  promotion,  maintenance,  and
20    restoration of health;  (3)  counseling,  patient  education,
21    health    education,    and   patient   advocacy;   (4)   the
22    administration of medications and treatments as prescribed by
23    a physician licensed to  practice  medicine  in  all  of  its
24    branches,  a  licensed  dentist,  a licensed podiatrist, or a
25    licensed  optometrist  or  as  prescribed  by   a   physician
26    assistant  in  accordance  with  written  guidelines required
27    under the Physician Assistant Practice Act of 1987 or  by  an
28    advanced   practice   nurse  in  accordance  with  a  written
29    collaborative  agreement  required  under  the  Nursing   and
30    Advanced  Practice  Nursing  Act;  (5)  the  coordination and
31    management of the nursing plan of care; (6) the delegation to
32    and supervision of  individuals  who  assist  the  registered
33    professional  nurse  implementing  the  plan of care; and (7)
34    teaching and supervision of nursing students.  The  foregoing
 
                            -72-               LRB9215313ACcd
 1    shall  not  be  deemed  to  include  those  acts  of  medical
 2    diagnosis   or  prescription  of  therapeutic  or  corrective
 3    measures that  are  properly  performed  only  by  physicians
 4    licensed in the State of Illinois.
 5        (m)  "Current  nursing  practice  update  course" means a
 6    planned  nursing  education  curriculum   approved   by   the
 7    Department  consisting  of  activities  that have educational
 8    objectives, instructional methods, content or subject matter,
 9    clinical practice, and evaluation methods, related  to  basic
10    review  and  updating  content  and  specifically planned for
11    those nurses previously licensed in the United States or  its
12    territories and preparing for reentry into nursing practice.
13        (n)  "Professional assistance program for nurses" means a
14    professional   assistance   program   that   meets   criteria
15    established  by  the  Board  of  Nursing  and approved by the
16    Director,  which  provides   a   non-disciplinary   treatment
17    approach  for nurses licensed under this Act whose ability to
18    practice is compromised  by  alcohol  or  chemical  substance
19    addiction.
20        (o)  "Impaired"  means  the  inability  to  practice with
21    reasonable  skill  and  safety  due  to  physical  or  mental
22    disabilities as  evidenced  by  a  written  determination  or
23    written   consent   based  on  clinical  evidence,  including
24    deterioration through the aging  process  or  loss  of  motor
25    skill,  abuse of drugs or alcohol, or a psychiatric disorder,
26    of sufficient degree to  diminish  the  person's  ability  to
27    deliver competent patient care.
28        (p)  "Impaired Professionals Assistance System" means the
29    program  established  by  Section  16  of  the  Department of
30    Professional Regulation Law (20 ILCS 2105/2105-16).
31        (q)  "Program of care, counseling, or treatment" means  a
32    written  agreement between the Department and an applicant or
33    licensee requiring that the applicant or licensee enroll  and
34    participate   in   a   treatment   program  approved  by  the
 
                            -73-               LRB9215313ACcd
 1    Department.  The  agreement  may  also  specify   terms   and
 2    conditions deemed appropriate by the Board.
 3    (Source:  P.A.  90-61,  eff.  12-30-97;  90-248, eff. 1-1-98;
 4    90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)

 5        (225 ILCS 65/10-45)
 6        (Section scheduled to be repealed on January 1, 2008)
 7        Sec. 10-45.  Grounds for disciplinary action.
 8        (a)  The  Department  may,  upon  recommendation  of  the
 9    Board, refuse to issue or to renew, or may  revoke,  suspend,
10    place  on  probation,  reprimand,  or take other disciplinary
11    action as the Department may deem appropriate with regard  to
12    a  license for any one or combination of the causes set forth
13    in subsection (b) below.  Fines up to $2,500 may  be  imposed
14    in  conjunction  with  other forms of disciplinary action for
15    those  violations  that  result  in  monetary  gain  for  the
16    licensee. Fines shall not be the exclusive disposition of any
17    disciplinary action arising out of conduct resulting in death
18    or injury to a patient.   Fines  shall  not  be  assessed  in
19    disciplinary  actions involving mental or physical illness or
20    impairment.  All fines collected under this Section shall  be
21    deposited in the Nursing Dedicated and Professional Fund.
22        (b)  Grounds   for   disciplinary   action   include  the
23    following:
24             (1)  Material deception in furnishing information to
25        the Department.
26             (2)  Material violations of any  provision  of  this
27        Act  or violation of the rules of or final administrative
28        action  of  the  Director,  after  consideration  of  the
29        recommendation of the Board.
30             (3)  Conviction of any crime under the laws  of  any
31        jurisdiction of the United States: (i) which is a felony;
32        or  (ii)  which is a misdemeanor, an essential element of
33        which is dishonesty, or  (iii)  of  any  crime  which  is
 
                            -74-               LRB9215313ACcd
 1        directly related to the practice of the profession.
 2             (4)  A  pattern  of practice or other behavior which
 3        demonstrates incapacity or incompetency to practice under
 4        this Act.
 5             (5)  Knowingly aiding or assisting another person in
 6        violating any provision of this Act or rules.
 7             (6)  Failing, within 90 days, to provide a  response
 8        to  a  request  for  information in response to a written
 9        request made by the Department by certified mail.
10             (7)  Engaging   in   dishonorable,   unethical    or
11        unprofessional  conduct of a character likely to deceive,
12        defraud or harm the public, as defined by rule.
13             (8)  Unlawful sale  or  distribution  of  any  drug,
14        narcotic,  or prescription device, or unlawful conversion
15        of any drug, narcotic or prescription device.
16             (9)  Habitual  or  excessive  use  or  addiction  to
17        alcohol, narcotics, stimulants,  or  any  other  chemical
18        agent  or drug which results in a licensee's inability to
19        practice with reasonable judgment, skill or safety.
20             (10)  Discipline by  another  U.S.  jurisdiction  or
21        foreign  nation,  if  at least one of the grounds for the
22        discipline is the same  or  substantially  equivalent  to
23        those set forth in this Section.
24             (11)  A  finding that the licensee, after having her
25        or  his  license  placed  on  probationary  status,   has
26        violated the terms of probation.
27             (12)  Being  named  as a perpetrator in an indicated
28        report by the Department of Children and Family  Services
29        and  under  the Abused and Neglected Child Reporting Act,
30        and upon proof by clear and convincing evidence that  the
31        licensee  has  caused  a  child  to be an abused child or
32        neglected child as defined in the  Abused  and  Neglected
33        Child Reporting Act.
34             (13)  Willful   omission   to  file  or  record,  or
 
                            -75-               LRB9215313ACcd
 1        willfully impeding the filing or  recording  or  inducing
 2        another  person to omit to file or record medical reports
 3        as required by law or  willfully  failing  to  report  an
 4        instance  of suspected child abuse or neglect as required
 5        by the Abused and Neglected Child Reporting Act.
 6             (14)  Gross negligence in the practice of nursing.
 7             (15)  Holding oneself out to be  practicing  nursing
 8        under any name other than one's own.
 9             (16)  Fraud, deceit or misrepresentation in applying
10        for   or  procuring  a  license  under  this  Act  or  in
11        connection with applying for renewal of a  license  under
12        this Act.
13             (17)  Allowing another person or organization to use
14        the licensees' license to deceive the public.
15             (18)  Willfully  making  or  filing false records or
16        reports in the licensee's  practice,  including  but  not
17        limited  to  false  records to support claims against the
18        medical assistance program of the  Department  of  Public
19        Aid under the Illinois Public Aid Code.
20             (19)  Attempting  to  subvert  or  cheat  on a nurse
21        licensing examination administered under this Act.
22             (20)  Immoral conduct in the commission of  an  act,
23        such  as  sexual  abuse,  sexual  misconduct,  or  sexual
24        exploitation, related to the licensee's practice.
25             (21)  Willfully   or   negligently   violating   the
26        confidentiality  between  nurse  and  patient  except  as
27        required by law.
28             (22)  Practicing  under  a  false  or  assumed name,
29        except as provided by law.
30             (23)  The use of any false, fraudulent, or deceptive
31        statement in any document connected with  the  licensee's
32        practice.
33             (24)  Directly  or indirectly giving to or receiving
34        from  a  person,  firm,  corporation,   partnership,   or
 
                            -76-               LRB9215313ACcd
 1        association  a  fee, commission, rebate, or other form of
 2        compensation for professional services  not  actually  or
 3        personally rendered.
 4             (25)  Failure   of  a  licensee  to  report  to  the
 5        Department any adverse final action  taken  against  such
 6        licensee  by  another  licensing  jurisdiction (any other
 7        jurisdiction of the United States or any foreign state or
 8        country), by any peer review body,  by  any  health  care
 9        institution,  by  any  professional or nursing society or
10        association, by  any  governmental  agency,  by  any  law
11        enforcement   agency,  or  by  any  court  or  a  nursing
12        liability claim related to acts  or  conduct  similar  to
13        acts  or conduct that would constitute grounds for action
14        as defined in this Section.
15             (26)  Failure  of  a  licensee  to  report  to   the
16        Department  surrender  by  the  licensee  of a license or
17        authorization to practice nursing  in  another  state  or
18        jurisdiction,  or  current  surrender  by the licensee of
19        membership on any nursing staff  or  in  any  nursing  or
20        professional   association   or   society   while   under
21        disciplinary investigation by any of those authorities or
22        bodies  for  acts  or  conduct similar to acts or conduct
23        that would constitute grounds for action  as  defined  by
24        this Section.
25             (27)  A   violation   of   the  Health  Care  Worker
26        Self-Referral Act.
27             (28)  Physical illness, including but not limited to
28        deterioration through the aging process or loss of  motor
29        skill,  mental illness, or disability that results in the
30        inability to  practice  the  profession  with  reasonable
31        judgment, skill, or safety.
32             (29)  Failure   to   comply   with   the  terms  and
33        conditions   of   an   agreement   with   the    Impaired
34        Professionals  Assistance  System  or other such approved
 
                            -77-               LRB9215313ACcd
 1        treatment program.
 2        (c)  The determination by a circuit court that a licensee
 3    is subject to involuntary admission or judicial admission  as
 4    provided  in the Mental Health and Developmental Disabilities
 5    Code, as amended, operates as an  automatic  suspension.  The
 6    suspension  will  end only upon a finding by a court that the
 7    patient is no longer  subject  to  involuntary  admission  or
 8    judicial  admission  and  issues  an  order  so  finding  and
 9    discharging  the  patient; and upon the recommendation of the
10    Board to the Director that the licensee be allowed to  resume
11    his or her practice.
12        (d)  The  Department  may  refuse to issue or may suspend
13    the license of any person who fails to file a return,  or  to
14    pay  the tax, penalty or interest shown in a filed return, or
15    to pay any final assessment of the tax, penalty, or  interest
16    as  required  by  any  tax  Act  administered by the Illinois
17    Department of Revenue, until such time as the requirements of
18    any such tax Act are satisfied.
19        (e)  In enforcing this Section, the Department  or  Board
20    upon  a  showing  of  a  possible  violation  may  compel  an
21    individual  licensed  to  practice under this Act, or who has
22    applied for licensure under this Act, to submit to  a  mental
23    or  physical  examination, or both, as required by and at the
24    expense of the Department. The Department or Board may  order
25    the  examining  physician to present testimony concerning the
26    mental or physical examination of the licensee or  applicant.
27    No  information shall be excluded by reason of any common law
28    or statutory privilege relating to communications between the
29    licensee  or  applicant  and  the  examining  physician.  The
30    examining physicians shall be specifically designated by  the
31    Board  or Department. The individual to be examined may have,
32    at his or her own expense, another physician of  his  or  her
33    choice  present  during  all  aspects  of  this  examination.
34    Failure  of  an  individual to submit to a mental or physical
 
                            -78-               LRB9215313ACcd
 1    examination, when directed, shall be grounds  for  suspension
 2    of  his  or  her  license until the individual submits to the
 3    examination  if  the  Department  finds,  after  notice   and
 4    hearing,  that  the  refusal to submit to the examination was
 5    without reasonable cause.
 6        If  the  Department  determines  that  an  applicant   or
 7    licensee  is  unable  to  practice because of the reasons set
 8    forth in this Section,  the  Department  may  discipline  the
 9    licensee  or  require the applicant or licensee to enter into
10    an agreement of care,  counseling,  and  treatment  with  the
11    Department to enroll and participate in an approved treatment
12    program   in   accordance  with  the  Impaired  Professionals
13    Assistance  System,  subject  to  terms  and  conditions  the
14    Department deems appropriate.
15        If the Department or Board finds an individual unable  to
16    practice  because  of  the reasons set forth in this Section,
17    the Department or Board may require that individual to submit
18    to care, counseling, or treatment by physicians  approved  or
19    designated  by the Department or Board, as a condition, term,
20    or  restriction  for  continued,   reinstated,   or   renewed
21    licensure  to  practice;  or, in lieu of care, counseling, or
22    treatment,  the  Department  may  file,  or  the  Board   may
23    recommend   to   the  Department  to  file,  a  complaint  to
24    immediately suspend,  revoke,  or  otherwise  discipline  the
25    license  of  the  individual. An individual whose license was
26    granted,  continued,  reinstated,  renewed,  disciplined   or
27    supervised    subject   to   such   terms,   conditions,   or
28    restrictions, and  who  fails  to  comply  with  such  terms,
29    conditions,   or  restrictions,  shall  be  referred  to  the
30    Director for a determination as  to  whether  the  individual
31    shall  have his or her license suspended immediately, pending
32    a hearing by the Department.
33        In instances in which the Director immediately suspends a
34    person's license  under  this  Section,  a  hearing  on  that
 
                            -79-               LRB9215313ACcd
 1    person's license must be convened by the Department within 15
 2    days  after  the suspension and completed without appreciable
 3    delay. The Department and Board shall have the  authority  to
 4    review  the  subject  individual's  record  of  treatment and
 5    counseling regarding the impairment to the  extent  permitted
 6    by  applicable  federal statutes and regulations safeguarding
 7    the confidentiality of medical records.
 8        An individual licensed under this Act and affected  under
 9    this  Section shall be afforded an opportunity to demonstrate
10    to the Department or Board that he or she can resume practice
11    in compliance with acceptable and prevailing standards  under
12    the provisions of his or her license.
13    (Source: P.A. 90-742, eff. 8-13-98.)

14        (225 ILCS 65/10-50)
15        (Section scheduled to be repealed on January 1, 2008)
16        Sec. 10-50.  Intoxication and drug abuse.
17        (a)  The  Department  shall,  by  rule,  provide  for the
18    reporting by all  employers  to  the  Impaired  Professionals
19    Assistance System of all instances in which a person licensed
20    under  this  Act  who  is  impaired by reason of age, drug or
21    alcohol abuse, or physical or  mental  impairment,  is  under
22    supervision  and,  where  appropriate,  is  in  a  program of
23    rehabilitation. Reports shall be  strictly  confidential  and
24    may  be reviewed and considered only by authorized Department
25    staff as provided by rule. Provisions shall be made  for  the
26    periodic  report  of the status of any such licensee not less
27    than twice annually so that the Department shall have current
28    information upon which to determine the status  of  any  such
29    licensee.  Initial and periodic reports of impaired licensees
30    shall  not  be  considered  records within the meaning of the
31    State Records Act and  shall  be  disposed  of,  following  a
32    determination  by  the  Department  that  such reports are no
33    longer required,  in  a  manner  and  at  such  time  as  the
 
                            -80-               LRB9215313ACcd
 1    Department shall determine by rule. A professional assistance
 2    program for nurses shall be established by January 1, 1999.
 3        (b)  Blank).  The  Director shall appoint a task force to
 4    advise in the creation of the assistance program.   The  task
 5    force   shall   include   members   of   the  Department  and
 6    professional  nurses,  and  shall  report  its  findings  and
 7    recommendations to the Committee on Nursing.
 8        (c)  Any  registered  professional  nurse   who   is   an
 9    administrator or officer in any hospital, nursing home, other
10    health  care  agency  or  facility,  or  nurse agency and has
11    knowledge  of  any  action  or  condition  which   reasonably
12    indicates  to her or him that a registered professional nurse
13    or licensed practical nurse employed by or practicing nursing
14    in such hospital, nursing home, other health care  agency  or
15    facility,  or  nurse  agency  is  habitually  intoxicated  or
16    addicted to the use of habit-forming drugs to the extent that
17    such intoxication or addiction adversely affects such nurse's
18    professional  performance,  or  unlawfully  possesses,  uses,
19    distributes  or converts habit-forming drugs belonging to the
20    hospital,  nursing  home  or  other  health  care  agency  or
21    facility for such nurse's own  use,  shall  promptly  file  a
22    written  report  thereof to the Department; provided however,
23    an administrator or officer need not file the report  if  the
24    nurse  participates  in  a  course  of  remedial professional
25    counseling or medical treatment for substance abuse, as  long
26    as   such   nurse   actively  pursues  such  treatment  under
27    monitoring  through  the  Impaired  Professional   Assistance
28    Program  by  the administrator or officer or by the hospital,
29    nursing home, health care agency or facility, or nurse agency
30    and the nurse continues to  be  employed  by  such  hospital,
31    nursing  home,  health  care  agency  or  facility,  or nurse
32    agency. The Department shall review all reports  received  by
33    it in a timely manner.  Its initial review shall be completed
34    no  later  than  60 days after receipt of the report.  Within
 
                            -81-               LRB9215313ACcd
 1    this 60 day period, the Department shall, in writing, make  a
 2    determination  as  to  whether  there are sufficient facts to
 3    warrant further investigation or action.
 4        Should the Department find insufficient facts to  warrant
 5    further   investigation,  or  action,  the  report  shall  be
 6    accepted for filing and the matter shall be deemed closed and
 7    so reported.
 8        Should the Department find sufficient  facts  to  warrant
 9    further  investigation, such investigation shall be completed
10    within 60 days of the date of the determination of sufficient
11    facts to warrant  further  investigation  or  action.   Final
12    action  shall  be  determined no later than 30 days after the
13    completion of the investigation.  If there is a finding which
14    verifies  habitual  intoxication  or  drug  addiction   which
15    adversely  affects  professional  performance or the unlawful
16    possession, use, distribution or conversion of  habit-forming
17    drugs  by  the  reported  nurse, the Department may refuse to
18    issue or renew or may suspend or revoke that nurse's  license
19    as  a  registered  professional nurse or a licensed practical
20    nurse.
21        Any of the aforementioned actions or a determination that
22    there are insufficient facts to warrant further investigation
23    or action shall be considered  a  final  action.   The  nurse
24    administrator  or  officer  who  filed the original report or
25    complaint, and the nurse who is the subject  of  the  report,
26    shall be notified in writing by the Department within 15 days
27    of any final action taken by the Department.
28        Each  year on March 1, commencing with the effective date
29    of this Act, the Department shall  submit  a  report  to  the
30    General  Assembly.   The  report  shall include the number of
31    reports made under this Section to the Department during  the
32    previous  year,  the  number  of  reports  reviewed and found
33    insufficient to warrant further investigation, the number  of
34    reports not completed and the reasons for incompletion.  This
 
                            -82-               LRB9215313ACcd
 1    report  shall be made available also to nurses requesting the
 2    report.
 3        Any person making a report under this Section or in  good
 4    faith  assisting another person in making such a report shall
 5    have immunity from any liability, either criminal  or  civil,
 6    that  might result by reason of such action.  For the purpose
 7    of any legal proceeding, criminal or civil, there shall be  a
 8    rebuttable  presumption that any person making a report under
 9    this Section or  assisting  another  person  in  making  such
10    report  was  acting  in good faith.  All such reports and any
11    information disclosed  to  or  collected  by  the  Department
12    pursuant to this Section shall remain confidential records of
13    the  Department  and shall not be disclosed nor be subject to
14    any law or regulation of this State relating  to  freedom  of
15    information or public disclosure of records.
16    (Source: P.A. 90-742, eff. 8-13-98.)

17        (225 ILCS 65/15-5)
18        (Section scheduled to be repealed on January 1, 2008)
19        Sec. 15-5.  Definitions. As used in this Title:
20        "APN Board" means the Advanced Practice Nursing Board.
21        "Advanced  practice  nurse"  or "APN" means a person who:
22    (1)  is licensed as a  registered  professional  nurse  under
23    this  Act;    (2)  meets the requirements for licensure as an
24    advanced practice nurse under Section 15-10;  (3)  except  as
25    provided  in  Section  15-25,  has  a  written  collaborative
26    agreement  with a collaborating physician in the diagnosis of
27    illness and management of wellness and  other  conditions  as
28    appropriate  to  the level and area of his or her practice in
29    accordance with Section 15-15; and (4) cares for patients (A)
30    by  using  advanced  diagnostic  skills,   the   results   of
31    diagnostic  tests  and  procedures  ordered  by  the advanced
32    practice  nurse,  a  physician  assistant,   a   dentist,   a
33    podiatrist,  or  a  physician,  and  professional judgment to
 
                            -83-               LRB9215313ACcd
 1    initiate and coordinate the care of patients; (B) by ordering
 2    diagnostic  tests,  prescribing  medications  and  drugs   in
 3    accordance  with Section 15-20, and administering medications
 4    and  drugs;  and  (C)  by  using  medical,  therapeutic,  and
 5    corrective measures  to  treat  illness  and  improve  health
 6    status.  Categories  include  certified  nurse midwife (CNM),
 7    certified  nurse  practitioner  (CNP),  certified  registered
 8    nurse  anesthetist  (CRNA),  or  certified   clinical   nurse
 9    specialist (CNS).
10        "Collaborating  physician"  means  a  physician who works
11    with  an  advanced  practice  nurse  and   provides   medical
12    direction  as documented in a written collaborative agreement
13    required under Section 15-15.
14        "Impaired"  means  the   inability   to   practice   with
15    reasonable  skill  and  safety  due  to  physical  or  mental
16    disabilities  as  evidenced  by  a  written  determination or
17    written  consent  based  on  clinical   evidence,   including
18    deterioration  through  the  aging  process  or loss of motor
19    skill, abuse of drugs or alcohol, or a psychiatric  disorder,
20    of  sufficient  degree  to  diminish  the person's ability to
21    deliver competent patient care.
22        "Impaired  Professionals  Assistance  System"  means  the
23    program established  by  Section  16  of  the  Department  of
24    Professional Regulation Law (20 ILCS 2105/2105-16).
25        "Licensed  hospital"  means a hospital licensed under the
26    Hospital Licensing Act or organized under the  University  of
27    Illinois Hospital Act.
28        "Physician"  means a person licensed to practice medicine
29    in all its branches under the Medical Practice Act of 1987.
30        "Program of  care,  counseling,  or  treatment"  means  a
31    written  agreement between the Department and an applicant or
32    licensee requiring that the applicant or licensee enroll  and
33    participate   in   a   treatment   program  approved  by  the
34    Department.  The  agreement  may  also  specify   terms   and
 
                            -84-               LRB9215313ACcd
 1    conditions deemed appropriate by the Board.
 2    (Source: P.A. 90-742, eff. 8-13-98; 91-414, eff. 8-6-99.)

 3        (225 ILCS 65/15-50)
 4        (Section scheduled to be repealed on January 1, 2008)
 5        Sec. 15-50.  Grounds for disciplinary action.
 6        (a)  The  Department  may, upon the recommendation of the
 7    APN Board, refuse to  issue  or  to  renew,  or  may  revoke,
 8    suspend,  place  on  probation, censure or reprimand, or take
 9    other  disciplinary  action  as  the  Department   may   deem
10    appropriate with regard to a license issued under this Title,
11    including the issuance of fines not to exceed $5,000 for each
12    violation,  for  any  one  or  combination of the grounds for
13    discipline set forth in Section 10-45 of this Act or for  any
14    one or combination of the following causes:
15             (1)  Gross  negligence  in  the practice of advanced
16        practice nursing.
17             (2)  Exceeding  the   terms   of   a   collaborative
18        agreement  or the prescriptive authority delegated to him
19        or her by his or her collaborating physician or alternate
20        collaborating physician in guidelines established under a
21        written collaborative agreement.
22             (3)  Making  a   false   or   misleading   statement
23        regarding  his  or  her skill or the efficacy or value of
24        the medicine, treatment, or remedy prescribed by  him  or
25        her in the course of treatment.
26             (4)  Prescribing,       selling,      administering,
27        distributing,  giving,  or  self-administering   a   drug
28        classified as a controlled substance (designated product)
29        or narcotic for other than medically accepted therapeutic
30        purposes.
31             (5)  Promotion   of  the  sale  of  drugs,  devices,
32        appliances, or goods provided for a patient in  a  manner
33        to exploit the patient for financial gain.
 
                            -85-               LRB9215313ACcd
 1             (6)  Violating  State or federal laws or regulations
 2        relating to controlled substances.
 3             (7)  Willfully   or   negligently   violating    the
 4        confidentiality    between   advanced   practice   nurse,
 5        collaborating physician, and patient, except as  required
 6        by law.
 7             (8)  Failure   of   a  licensee  to  report  to  the
 8        Department any adverse final action  taken  against  such
 9        licensee  by  another  licensing  jurisdiction (any other
10        jurisdiction of the United States or any foreign state or
11        country),  any  peer  review  body,   any   health   care
12        institution,   a  professional  or  nursing  or  advanced
13        practice nursing society or association,  a  governmental
14        agency,  a  law  enforcement  agency,  or  a  court  or a
15        liability claim relating to acts or  conduct  similar  to
16        acts  or conduct that would constitute grounds for action
17        as defined in this Section.
18             (9)  Failure  of  a  licensee  to  report   to   the
19        Department  surrender  by  the  licensee  of a license or
20        authorization to practice nursing  or  advanced  practice
21        nursing  in  another  state  or  jurisdiction, or current
22        surrender by the licensee of membership  on  any  nursing
23        staff  or  organized health care professional staff or in
24        any nursing, advanced  practice  nurse,  or  professional
25        association   or   society   while   under   disciplinary
26        investigation  by  any of those authorities or bodies for
27        acts or conduct similar to acts  or  conduct  that  would
28        constitute grounds for action as defined in this Section.
29             (10)  Failing,    within   60   days,   to   provide
30        information in response to a written request made by  the
31        Department.
32             (11)  Failure  to  establish and maintain records of
33        patient care and treatment as required by law.
34             (12)  Any violation of any Section of this Title  or
 
                            -86-               LRB9215313ACcd
 1        Act.
 2             (13)  Failure   to   comply   with   the  terms  and
 3        conditions   of   an   agreement   with   the    Impaired
 4        Professionals  Assistance  System  or other such approved
 5        treatment program.
 6        When  the  Department  has   received   written   reports
 7    concerning incidents required to be reported in items (8) and
 8    (9),   the  licensee's  failure to report the incident to the
 9    Department under those items shall not be  the  sole  grounds
10    for disciplinary action.
11        (b)  The  Department  may  refuse to issue or may suspend
12    the license of any person who fails to file a return, to  pay
13    the  tax, penalty, or interest shown in a filed return, or to
14    pay any final assessment of the tax, penalty, or interest  as
15    required  by  a  tax  Act  administered  by the Department of
16    Revenue, until the requirements of the tax Act are satisfied.
17        (c)  In enforcing this Section,  the  Department  or  APN
18    Board,  upon a showing of a possible violation, may compel an
19    individual licensed to practice under this Title, or who  has
20    applied for licensure under this Title, to submit to a mental
21    or  physical  examination  or both, as required by and at the
22    expense of the Department.  The Department or APN  Board  may
23    order the examining physician to present testimony concerning
24    the  mental  or  physical  examination  of  the  licensee  or
25    applicant.  No information shall be excluded by reason of any
26    common  law or statutory privilege relating to communications
27    between  the  licensee  or  applicant   and   the   examining
28    physician.   The  examining  physician  shall be specifically
29    designated by the APN Board or Department.  The individual to
30    be examined may have, at his  or  her  own  expense,  another
31    physician  of his or her choice present during all aspects of
32    this examination. Failure of an individual  to  submit  to  a
33    mental or physical examination when directed shall be grounds
34    for  suspension  of  his  or her license until the individual
 
                            -87-               LRB9215313ACcd
 1    submits to the examination if  the  Department  finds,  after
 2    notice  and  hearing,  that  the  refusal  to  submit  to the
 3    examination was without reasonable cause.
 4        If  the  Department  determines  that  an  applicant   or
 5    licensee  is  unable  to  practice because of the reasons set
 6    forth in this Section,  the  Department  may  discipline  the
 7    licensee  or  require the applicant or licensee to enter into
 8    an agreement of care,  counseling,  and  treatment  with  the
 9    Department to enroll and participate in an approved treatment
10    program   in   accordance  with  the  Impaired  Professionals
11    Assistance  System,  subject  to  terms  and  conditions  the
12    Department deems appropriate.
13        If the Department or APN Board finds an individual unable
14    to practice because of the reasons set forth in this Section,
15    the Department or APN Board may require  that  individual  to
16    submit  to  care,  counseling,  or  treatment  by  physicians
17    approved  or  designated  by the Department or APN Board as a
18    condition, term, or restriction for continued, reinstated, or
19    renewed  licensure  to  practice;  or,  in  lieu   of   care,
20    counseling, or treatment, the Department may file, or the APN
21    Board may recommend to the Department to file, a complaint to
22    immediately  suspend,  revoke,  or  otherwise  discipline the
23    license of the individual.  An individual whose  license  was
24    granted,   continued,  reinstated,  renewed,  disciplined  or
25    supervised subject to terms, conditions, or restrictions, and
26    who  fails  to  comply  with  the   terms,   conditions,   or
27    restrictions,  shall  be  referred  to  the  Director  for  a
28    determination  as to whether the individual shall have his or
29    her license suspended immediately, pending a hearing  by  the
30    Department.
31        In instances in which the Director immediately suspends a
32    person's  license  under  this  Section,  a  hearing  on that
33    person's license shall be convened by the  Department  within
34    15  days  after the suspension and shall be completed without
 
                            -88-               LRB9215313ACcd
 1    appreciable delay.  The Department and APN Board  shall  have
 2    the  authority  to  review the subject individual's record of
 3    treatment and counseling  regarding  the  impairment  to  the
 4    extent   permitted   by   applicable   federal  statutes  and
 5    regulations  safeguarding  the  confidentiality  of   medical
 6    records.
 7        An  individual  licensed  under  this  Title and affected
 8    under this  Section  shall  be  afforded  an  opportunity  to
 9    demonstrate to the Department or APN Board that he or she can
10    resume  practice in compliance with acceptable and prevailing
11    standards under the provisions of his or her license.
12        The Department shall, by rule, provide for the  reporting
13    by  all  employers  to  the Impaired Professionals Assistance
14    System of all instances in which a person licensed under this
15    Act who is impaired by reason of age, drug or alcohol  abuse,
16    or  physical  or mental impairment, is under supervision and,
17    where appropriate, is in a program of rehabilitation. Reports
18    shall be  strictly  confidential  and  may  be  reviewed  and
19    considered only by authorized Department staff as provided by
20    rule. Provisions shall be made for the periodic report of the
21    status  of  any such licensee not less than twice annually so
22    that the Department shall have current information upon which
23    to determine the status of any such  licensee.   Initial  and
24    periodic   reports   of   impaired  licensees  shall  not  be
25    considered records within the meaning of  the  State  Records
26    Act  and  shall  be disposed of, following a determination by
27    the Department that such reports are no longer required, in a
28    manner and at such time as the Department shall determine  by
29    rule.
30    (Source: P.A. 90-742, eff. 8-13-98.)

31        Section  55.   The  Nursing Home Administrators Licensing
32    and Disciplinary Act is amended by changing Sections 4 and 17
33    and adding Section 17.5 as follows:
 
                            -89-               LRB9215313ACcd
 1        (225 ILCS 70/4) (from Ch. 111, par. 3654)
 2        (Section scheduled to be repealed on January 1, 2008)
 3        Sec. 4.  Definitions.  For  purposes  of  this  Act,  the
 4    following  definitions  shall  have  the  following meanings,
 5    except where the context requires otherwise:
 6             (1)  "Act" means  the  Nursing  Home  Administrators
 7        Licensing and Disciplinary Act.
 8             (2)  "Department"    means    the    Department   of
 9        Professional Regulation.
10             (3)  "Director" means the Director  of  Professional
11        Regulation.
12             (4)  "Board"  means  the Nursing Home Administrators
13        Licensing  and  Disciplinary  Board  appointed   by   the
14        Governor.
15             (5)  "Nursing    home   administrator"   means   the
16        individual  licensed  under   this   Act   and   directly
17        responsible   for  planning,  organizing,  directing  and
18        supervising the operation of a nursing home,  or  who  in
19        fact   performs  such  functions,  whether  or  not  such
20        functions are delegated to one or more other persons.
21             (6)  "Nursing home" or "facility" means  any  entity
22        that  is  required  to  be  licensed by the Department of
23        Public  Health  under  the  Nursing  Home  Care  Act,  as
24        amended, other than a  sheltered  care  home  as  defined
25        thereunder,  and  includes  private  homes, institutions,
26        buildings, residences, or other places, whether  operated
27        for  profit  or not, irrespective of the names attributed
28        to them, county homes for the infirm and chronically  ill
29        operated  pursuant  to  the  County  Nursing Home Act, as
30        amended, and  any  similar  institutions  operated  by  a
31        political  subdivision  of  the  State  of  Illinois that
32        provide,   though   their   ownership   or    management,
33        maintenance,  personal  care,  and  nursing for 3 or more
34        persons, not related to the owner by blood  or  marriage,
 
                            -90-               LRB9215313ACcd
 1        or   any  similar  facilities  in  which  maintenance  is
 2        provided to 3 or more persons who by reason of illness of
 3        physical infirmity require personal care and nursing.
 4             (7)  "Maintenance" means food, shelter and laundry.
 5             (8)  "Personal care" means  assistance  with  meals,
 6        dressing,  movement, bathing, or other personal needs, or
 7        general supervision of the physical and mental well-being
 8        of an individual who because of age, physical, or  mental
 9        disability,  emotion  or  behavior  disorder,  or  mental
10        retardation  is  incapable of managing his or her person,
11        whether or not a guardian has  been  appointed  for  such
12        individual. For the purposes of this Act, this definition
13        does not include the professional services of a nurse.
14             (9)  "Nursing"   means   professional   nursing   or
15        practical  nursing,  as  those  terms  are defined in the
16        Nursing and Advanced Practice Nursing Act,  for  sick  or
17        infirm  persons who are under the care and supervision of
18        licensed physicians or dentists.
19             (10)  "Disciplinary   action"   means    revocation,
20        suspension,  probation,  supervision, reprimand, required
21        education,  fines  or  any  other  action  taken  by  the
22        Department against a person holding a license.
23             (11)  "Impaired" means  the  inability  to  practice
24        with  reasonable  skill  and  safety  due  to physical or
25        mental   disabilities   as   evidenced   by   a   written
26        determination  or  written  consent  based  on   clinical
27        evidence   including   deterioration  through  the  aging
28        process or loss of motor skill,  or  abuse  of  drugs  or
29        alcohol,  or a psychiatric disorder, of sufficient degree
30        to diminish a person's ability to  administer  a  nursing
31        home.
32             (12)  "Impaired   Professionals  Assistance  System"
33        means the  program  established  by  Section  16  of  the
34        Department   of  Professional  Regulation  Law  (20  ILCS
 
                            -91-               LRB9215313ACcd
 1        2105/2105-16).
 2             (13)  "Program of care,  counseling,  or  treatment"
 3        means  a  written agreement between the Department and an
 4        applicant or licensee requiring  that  the  applicant  or
 5        licensee  enroll  and  participate in a treatment program
 6        approved  by  the  Department.  The  agreement  may  also
 7        specify terms and conditions deemed  appropriate  by  the
 8        Board.
 9    (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)

10        (225 ILCS 70/17) (from Ch. 111, par. 3667)
11        (Section scheduled to be repealed on January 1, 2008)
12        Sec. 17. Grounds for disciplinary action.
13        (a)  The  Department  may  impose  fines  not  to  exceed
14    $1,000,  or  may  refuse to issue or to renew, or may revoke,
15    suspend, place on probation, censure, reprimand or take other
16    disciplinary action with regard to the license of any person,
17    for any one or combination of the following causes:
18             (1)  Intentional material misstatement in furnishing
19        information to the Department.
20             (2)  Conviction of any crime under the laws  of  the
21        United States or any state or territory thereof that is a
22        felony or  a misdemeanor of which an essential element is
23        dishonesty,  or  of any crime that is directly related to
24        the  practice  of  the   profession   of   nursing   home
25        administration.
26             (3)  Making any misrepresentation for the purpose of
27        obtaining  a  license, or violating any provision of this
28        Act.
29             (4)  Immoral conduct in the commission of  any  act,
30        such as sexual abuse or sexual misconduct, related to the
31        licensee's practice.
32             (5)  Failing to respond within 60 days, to a written
33        request made by the Department for information.
 
                            -92-               LRB9215313ACcd
 1             (6)  Engaging    in   dishonorable,   unethical   or
 2        unprofessional conduct of a character likely to  deceive,
 3        defraud or harm the public.
 4             (7)  Habitual   use   or   addiction   to   alcohol,
 5        narcotics,  stimulants,  or  any  other chemical agent or
 6        drug which results in  the  inability  to  practice  with
 7        reasonable judgment, skill or safety.
 8             (8)  Discipline  by  another U.S. jurisdiction if at
 9        least one of the grounds for the discipline is  the  same
10        or substantially equivalent to those set forth herein.
11             (9)  A  finding by the Department that the licensee,
12        after having his or her license  placed  on  probationary
13        status has violated the terms of probation.
14             (10)  Willfully  making  or  filing false records or
15        reports in his or her practice, including but not limited
16        to  false  records   filed   with   State   agencies   or
17        departments.
18             (11)  Physical  illness,  including  but not limited
19        to, deterioration through the aging process, or  loss  of
20        motor skill that results in the inability to practice the
21        profession with reasonable judgment, skill or safety.
22             (12)  Disregard  or  violation of this Act or of any
23        rule issued pursuant to this Act.
24             (13)  Aiding or abetting another in the violation of
25        this Act or any rule or  regulation  issued  pursuant  to
26        this Act.
27             (14)  Allowing  one's  license  to  be  used  by  an
28        unlicensed person.
29             (15)  Conviction  of  any crime an essential element
30        of  which  is  misstatement,  fraud  or  dishonesty,   or
31        conviction  in  this  State or another state of any crime
32        that is  a  felony  under  the  laws  of  this  State  or
33        conviction of a felony in a federal court.
34             (16)  Professional  incompetence  in the practice of
 
                            -93-               LRB9215313ACcd
 1        nursing home administration.
 2             (17)  Conviction of a violation of Section 12-19  of
 3        the Criminal Code of 1961 for the abuse and gross neglect
 4        of a long term care facility resident.
 5             (18)  Violation  of  the Nursing Home Care Act or of
 6        any rule issued under the Nursing Home Care Act.
 7             (19)  Failure  to  comply   with   the   terms   and
 8        conditions    of   an   agreement   with   the   Impaired
 9        Professionals Assistance System or  other  such  approved
10        treatment program.
11        All proceedings to suspend, revoke, place on probationary
12    status,   or  take  any  other  disciplinary  action  as  the
13    Department may deem proper, with regard to a license  on  any
14    of  the  foregoing  grounds, must be commenced within 3 years
15    next after receipt by  the  Department  of  (i)  a  complaint
16    alleging  the commission of or notice of the conviction order
17    for any of the acts described herein or (ii) a  referral  for
18    investigation  under  Section  3-108 of the Nursing Home Care
19    Act.
20        The entry of an order or judgment by  any  circuit  court
21    establishing that any person holding a license under this Act
22    is  a  person  in  need  of  mental  treatment  operates as a
23    suspension of that license.  That  person  may  resume  their
24    practice only upon the entry of a Department order based upon
25    a  finding  by the Board that they have been determined to be
26    recovered from mental illness  by  the  court  and  upon  the
27    Board's recommendation that they be permitted to resume their
28    practice.
29        The  Department,  upon  the  recommendation of the Board,
30    shall adopt rules which set forth standards  to  be  used  in
31    determining what constitutes:
32             (a)  when  a  person  will  be  deemed  sufficiently
33        rehabilitated to warrant the public trust;
34             (b)  dishonorable,   unethical   or   unprofessional
 
                            -94-               LRB9215313ACcd
 1        conduct  of  a  character  likely to deceive, defraud, or
 2        harm the public;
 3             (c)  immoral conduct in the commission  of  any  act
 4        related to the licensee's practice; and
 5             (d)  professional  incompetence  in  the practice of
 6        nursing home administration.
 7        However, no such rule shall be admissible  into  evidence
 8    in any civil action except for review of a licensing or other
 9    disciplinary action under this Act.
10        In  enforcing this Section, the Department or Board, upon
11    a showing of a possible violation, may compel any  individual
12    licensed  to  practice under this Act, or who has applied for
13    licensure pursuant to this Act, to  submit  to  a  mental  or
14    physical  examination,  or  both,  as  required by and at the
15    expense  of  the  Department.   The  examining  physician  or
16    physicians shall be  those  specifically  designated  by  the
17    Department  or  Board.  The Department or Board may order the
18    examining physician  to  present  testimony  concerning  this
19    mental  or physical examination of the licensee or applicant.
20    No information shall be excluded by reason of any common  law
21    or statutory privilege relating to communications between the
22    licensee  or  applicant  and  the  examining  physician.  The
23    individual  to  be  examined  may  have,  at  his  or her own
24    expense, another physician  of  his  or  her  choice  present
25    during  all  aspects  of  the  examination.   Failure  of any
26    individual to submit to mental or physical examination,  when
27    directed,  shall  be  grounds  for  suspension  of his or her
28    license until such time as  the  individual  submits  to  the
29    examination   if  the  Department  finds,  after  notice  and
30    hearing, that the refusal to submit to  the  examination  was
31    without reasonable cause.
32        If  the  Department or Board determines that an applicant
33    or licensee is unable to practice because of the reasons  set
34    forth in this Section, the Department or Board may discipline
 
                            -95-               LRB9215313ACcd
 1    the  licensee  or  require the applicant or licensee to enter
 2    into an agreement of care, counseling, and treatment with the
 3    Department to enroll and participate in an approved treatment
 4    program  in  accordance  with  the   Impaired   Professionals
 5    Assistance  System,  subject  to  terms  and  conditions  the
 6    Department or Board deems appropriate.
 7        If  the Department or Board finds an individual unable to
 8    practice because of the reasons set forth  in  this  Section,
 9    the  Department  or  Board  shall  require such individual to
10    submit  to  care,  counseling,  or  treatment  by  physicians
11    approved or designated by  the  Department  or  Board,  as  a
12    condition, term, or restriction for continued, reinstated, or
13    renewed   licensure   to   practice;  or  in  lieu  of  care,
14    counseling, or treatment, the Department  may  file,  or  the
15    Board may recommend to the Department to file, a complaint to
16    immediately  suspend,  revoke,  or  otherwise  discipline the
17    license of the individual. Any individual whose  license  was
18    granted  pursuant  to  this  Act  or  continued,  reinstated,
19    renewed,  disciplined  or  supervised, subject to such terms,
20    conditions or restrictions who shall fail to comply with such
21    terms, conditions or restrictions shall be  referred  to  the
22    Director for a determination as to whether the licensee shall
23    have  his  or  her  license  suspended immediately, pending a
24    hearing by the Department. In instances in which the Director
25    immediately suspends a license under this Section, a  hearing
26    upon  such  person's  license  must  be convened by the Board
27    within 15 days after such suspension  and  completed  without
28    appreciable  delay.   The Department and Board shall have the
29    authority to review the  subject  administrator's  record  of
30    treatment  and  counseling  regarding  the impairment, to the
31    extent  permitted  by   applicable   federal   statutes   and
32    regulations   safeguarding  the  confidentiality  of  medical
33    records.
34        An individual licensed under  this  Act,  affected  under
 
                            -96-               LRB9215313ACcd
 1    this Section, shall be afforded an opportunity to demonstrate
 2    to the Department or Board that he or she can resume practice
 3    in  compliance with acceptable and prevailing standards under
 4    the provisions of his or her license.
 5        (b)  Any individual or organization acting in good faith,
 6    and not in a wilful and wanton manner, in complying with this
 7    Act by providing any  report  or  other  information  to  the
 8    Department,  or assisting in the investigation or preparation
 9    of such information, or by participating  in  proceedings  of
10    the Department, or by serving as a member of the Board, shall
11    not,  as  a  result  of  such actions, be subject to criminal
12    prosecution or civil damages.
13        (c)  Members of the Board,  and  persons  retained  under
14    contract  to  assist and advise in an investigation, shall be
15    indemnified by the State for any actions occurring within the
16    scope of services on or for the Board, done in good faith and
17    not wilful and wanton in nature.  The Attorney General  shall
18    defend  all  such  actions unless he or she determines either
19    that  there  would  be  a  conflict  of  interest   in   such
20    representation  or that the actions complained of were not in
21    good faith or were wilful and wanton.
22        Should the Attorney  General  decline  representation,  a
23    person  entitled  to indemnification under this Section shall
24    have the right to employ counsel of his or her choice,  whose
25    fees  shall  be  provided by the State, after approval by the
26    Attorney General, unless there is a determination by a  court
27    that  the  member's  actions  were  not in good faith or were
28    wilful and wanton.
29        A person entitled to indemnification under  this  Section
30    must  notify the Attorney General within 7 days of receipt of
31    notice of the initiation of any action involving services  of
32    the  Board.   Failure to so notify the Attorney General shall
33    constitute an absolute waiver of the right to a  defense  and
34    indemnification.
 
                            -97-               LRB9215313ACcd
 1        The  Attorney General shall determine within 7 days after
 2    receiving such notice, whether he or she  will  undertake  to
 3    represent  a  person  entitled  to indemnification under this
 4    Section.
 5        (d)  The determination by a circuit court that a licensee
 6    is subject to involuntary admission or judicial admission  as
 7    provided  in the Mental Health and Developmental Disabilities
 8    Code, as amended, operates as an automatic suspension.   Such
 9    suspension  will  end only upon a finding by a court that the
10    patient is no longer  subject  to  involuntary  admission  or
11    judicial  admission  and  issues  an  order  so  finding  and
12    discharging  the  patient; and upon the recommendation of the
13    Board to the Director that the licensee be allowed to  resume
14    his or her practice.
15        (e)  The  Department  may  refuse to issue or may suspend
16    the license of any person who fails to file a return,  or  to
17    pay  the tax, penalty or interest shown in a filed return, or
18    to pay any final assessment of tax, penalty or  interest,  as
19    required  by  any  tax  Act administered by the Department of
20    Revenue, until such time as the requirements of any such  tax
21    Act are satisfied.
22        (f)  The  Department  of  Public Health shall transmit to
23    the Department a list of those facilities  which  receive  an
24    "A" violation as defined in Section 1-129 of the Nursing Home
25    Care Act.
26    (Source: P.A. 89-197, eff. 7-21-95; 90-61, eff. 12-30-97.)

27        (225 ILCS 70/17.5 new)
28        (Section scheduled to be repealed on January 1, 2008)
29        Sec. 17.5.  Reporting requirements. The Department shall,
30    by  rule,  provide  for the reporting by all employers to the
31    Impaired Professionals Assistance System of all instances  in
32    which  a  person  licensed  under this Act who is impaired by
33    reason of age, drug or alcohol abuse, or physical  or  mental
 
                            -98-               LRB9215313ACcd
 1    impairment,  is  under supervision and, where appropriate, is
 2    in a program of rehabilitation.  Reports  shall  be  strictly
 3    confidential  and  may  be  reviewed  and  considered only by
 4    authorized Department staff as provided by  rule.  Provisions
 5    shall  be  made  for the periodic report of the status of any
 6    such licensee not  less  than  twice  annually  so  that  the
 7    Department  shall  have  current  information  upon  which to
 8    determine the status  of  any  such  licensee.   Initial  and
 9    periodic   reports   of   impaired  licensees  shall  not  be
10    considered records within the meaning of  the  State  Records
11    Act  and  shall  be disposed of, following a determination by
12    the Department that such reports are no longer required, in a
13    manner and at such time as the Department shall determine  by
14    rule.

15        Section  60.   The Illinois Occupational Therapy Practice
16    Act is amended by changing  Sections  2  and  19  and  adding
17    Section 19.17 as follows:

18        (225 ILCS 75/2) (from Ch. 111, par. 3702)
19        (Section scheduled to be repealed on December 31, 2003)
20        Sec. 2.  Definitions.  In this Act:
21        (1)  "Department"  means  the  Department of Professional
22    Regulation.
23        (2)  "Director"  means  the  Director   of   Professional
24    Regulation.
25        (3)  "Board"  means  the  Illinois  Occupational  Therapy
26    Board appointed by the Director.
27        (4)  "Registered  occupational  therapist" means a person
28    licensed to practice occupational therapy as defined in  this
29    Act, and whose license is in good standing.
30        (5)  "Certified  occupational  therapy assistant" means a
31    person licensed to assist in  the  practice  of  occupational
32    therapy  under  the  supervision of a registered occupational
 
                            -99-               LRB9215313ACcd
 1    therapist,  and  to  implement   the   occupational   therapy
 2    treatment   program   as   established   by   the  registered
 3    occupational therapist.  Such program may include training in
 4    activities of daily living, the use of  therapeutic  activity
 5    including   task  oriented  activity  to  enhance  functional
 6    performance,  and  guidance  in  the  selection  and  use  of
 7    adaptive equipment.
 8        (6)  "Occupational therapy" means the therapeutic use  of
 9    purposeful   and   meaningful  occupations  or  goal-directed
10    activities  to  evaluate  and   provide   interventions   for
11    individuals  and  populations who have a disease or disorder,
12    an impairment, an activity  limitation,  or  a  participation
13    restriction  that  interferes  with their ability to function
14    independently in their daily life roles and to promote health
15    and wellness.  Occupational therapy intervention may  include
16    any of the following:
17             (a)  remediation   or   restoration  of  performance
18        abilities  that  are  limited  due   to   impairment   in
19        biological, physiological, psychological, or neurological
20        processes;
21             (b)  adaptation of task, process, or the environment
22        or  the  teaching  of compensatory techniques in order to
23        enhance performance;
24             (c)  disability prevention  methods  and  techniques
25        that  facilitate  the  development or safe application of
26        performance skills; and
27             (d)  health promotion strategies and practices  that
28        enhance performance abilities.
29        The   registered   occupational  therapist  or  certified
30    occupational therapy assistant may assume a variety of  roles
31    in   his  or  her  career  including,  but  not  limited  to,
32    practitioner,  supervisor  of   professional   students   and
33    volunteers,  researcher,  scholar, consultant, administrator,
34    faculty, clinical  instructor,  and  educator  of  consumers,
 
                            -100-              LRB9215313ACcd
 1    peers, and family.
 2        (7)  "Occupational  therapy services" means services that
 3    may be provided to  individuals  and  populations  including,
 4    without limitation, the following:
 5             (a)  evaluating,  developing, improving, sustaining,
 6        or restoring skills in activities of daily living,  work,
 7        or  productive  activities, including instrumental living
 8        and play and leisure activities;
 9             (b)  evaluating, developing, improving, or restoring
10        sensory motor, cognitive, or psychosocial  components  of
11        performance;
12             (c)  designing,  fabricating,  applying, or training
13        in the use of assistive technology or temporary, orthoses
14        and training in the use of orthoses and prostheses;
15             (d)  adapting environments and processes,  including
16        the  application  of  ergonomic  principles,  to  enhance
17        performance and safety in daily life roles;
18             (e)  for occupational therapists possessing advanced
19        training,  skill,  and competency as demonstrated through
20        examinations that shall be determined by the  Department,
21        applying physical agent modalities as an adjunct to or in
22        preparation for engagement in occupations;
23             (f)  evaluating   and   providing   intervention  in
24        collaboration with  the  client,  family,  caregiver,  or
25        others;
26             (g)  educating  the  client,  family,  caregiver, or
27        others   in   carrying   out    appropriate    nonskilled
28        interventions; and
29             (h)  consulting      with      groups,     programs,
30        organizations, or communities to provide population-based
31        services.
32        (8)  "An  aide  in   occupational   therapy"   means   an
33    individual  who  provides supportive services to occupational
34    therapy  practitioners  but  who  is  not  certified   by   a
 
                            -101-              LRB9215313ACcd
 1    nationally  recognized  occupational  therapy  certifying  or
 2    licensing body.  or optometrist optometrist,
 3        (9)  "Impaired"  means  the  inability  to  practice with
 4    reasonable  skill  and  safety  due  to  physical  or  mental
 5    disabilities as  evidenced  by  a  written  determination  or
 6    written   consent   based  on  clinical  evidence,  including
 7    deterioration through the aging  process  or  loss  of  motor
 8    skill,  abuse of drugs or alcohol, or a psychiatric disorder,
 9    of sufficient degree to  diminish  the  person's  ability  to
10    deliver competent patient care.
11        (10)  "Impaired  Professionals  Assistance  System" means
12    the program established by Section 16 of  the  Department  of
13    Professional Regulation Law (20 ILCS 2105/2105-16).
14        (11)  "Program of care, counseling, or treatment" means a
15    written  agreement between the Department and an applicant or
16    licensee requiring that the applicant or licensee enroll  and
17    participate   in   a   treatment   program  approved  by  the
18    Department.  The  agreement  may  also  specify   terms   and
19    conditions deemed appropriate by the Board.
20    (Source:  P.A.  92-297,  eff.  1-1-02;  92-366,  eff. 1-1-02;
21    revised 10-12-01.)

22        (225 ILCS 75/19) (from Ch. 111, par. 3719)
23        (Section scheduled to be repealed on December 31, 2003)
24        Sec. 19.  (a) The  Department  may  refuse  to  issue  or
25    renew,  or may revoke, suspend, place on probation, reprimand
26    or take other disciplinary action as the Department may  deem
27    proper,  including  fines  not  to  exceed  $2,500  for  each
28    violation,  with  regard  to  any  license  for  any  one  or
29    combination of the following:
30             (1)  Material misstatement in furnishing information
31        to the Department;
32             (2)  Wilfully  violating  this  Act, or of the rules
33        promulgated thereunder;
 
                            -102-              LRB9215313ACcd
 1             (3)  Conviction of any crime under the laws  of  the
 2        United  States or any state or territory thereof which is
 3        a felony or which is a misdemeanor, an essential  element
 4        of which is dishonesty, or of any crime which is directly
 5        related to the practice of occupational therapy;
 6             (4)  Making any misrepresentation for the purpose of
 7        obtaining  certification,  or  violating any provision of
 8        this Act or the rules promulgated  thereunder  pertaining
 9        to advertising;
10             (5)  Having     demonstrated     unworthiness,    or
11        incompetency to  act  as  an  occupational  therapist  or
12        occupational  therapy  assistant  in  such  manner  as to
13        safeguard the interest of the public;
14             (6)  Wilfully aiding or  assisting  another  person,
15        firm,   partnership   or  corporation  in  violating  any
16        provision of this Act or rules;
17             (7)  Failing, within 60 days, to provide information
18        in response to a written request made by the Department;
19             (8)  Engaging   in   dishonorable,   unethical    or
20        unprofessional  conduct of a character likely to deceive,
21        defraud or harm the public;
22             (9)  Habitual intoxication or addiction to  the  use
23        of drugs;
24             (10)  Discipline  by  another state, the District of
25        Columbia, a territory, or foreign nation, if at least one
26        of  the  grounds  for  the  discipline  is  the  same  or
27        substantially equivalent to those set forth herein;
28             (11)  Directly or indirectly giving to or  receiving
29        from   any  person,  firm,  corporation,  partnership  or
30        association any fee, commission, rebate or other form  of
31        compensation  for  professional  services not actually or
32        personally rendered;
33             (12)  A finding by the Department that  the  license
34        holder,   after   having  his  license  disciplined,  has
 
                            -103-              LRB9215313ACcd
 1        violated the terms of the discipline;
 2             (13)  Wilfully making or  filing  false  records  or
 3        reports   in   the   practice  of  occupational  therapy,
 4        including but not limited to false records filed with the
 5        State agencies or departments;
 6             (14)  Physical illness, including  but  not  limited
 7        to,  deterioration  through the aging process, or loss of
 8        motor skill which results in the  inability  to  practice
 9        the profession with reasonable judgment, skill or safety;
10             (15)  Solicitation  of  professional  services other
11        than by permitted advertising;
12             (16)  Wilfully  exceeding  the  scope  of   practice
13        customarily  undertaken  by  persons  licensed under this
14        Act, which conduct results in, or may result in, harm  to
15        the public;
16             (17)  Holding    one's    self   out   to   practice
17        occupational therapy under any name other than his own or
18        impersonation of any other occupational therapy licensee;
19             (18)  Gross negligence;
20             (19)  Malpractice;
21             (20)  Obtaining a fee in money or gift  in  kind  of
22        any  other  items  of  value  or in the form of financial
23        profit  or  benefit  as  personal  compensation,  or   as
24        compensation,  or  charge, profit or gain for an employer
25        or for any other person or  persons,  on  the  fraudulent
26        misrepresentation  that  a manifestly incurable condition
27        of sickness, disease or  injury  to  any  person  can  be
28        cured;
29             (21)  Accepting  commissions  or  rebates  or  other
30        forms  of  remuneration  for  referring  persons to other
31        professionals;
32             (22)  Failure to file a return, or to pay  the  tax,
33        penalty  or  interest  shown in a filed return, or to pay
34        any final assessment of  tax,  penalty  or  interest,  as
 
                            -104-              LRB9215313ACcd
 1        required  by  any  tax  Act  administered by the Illinois
 2        Department  of  Revenue,   until   such   time   as   the
 3        requirements of any such tax Act are satisfied;
 4             (23)  Violating the Health Care Worker Self-Referral
 5        Act; and
 6             (24)  Having  treated  patients  other  than  by the
 7        practice of occupational therapy as defined in this  Act,
 8        or  having  treated  patients  as a licensed occupational
 9        therapist independent of a referral from a physician,  or
10        having  failed  to notify the physician who established a
11        diagnosis that  the  patient  is  receiving  occupational
12        therapy pursuant to that diagnosis.
13             (25)  Failure   to   comply   with   the  terms  and
14        conditions   of   an   agreement   with   the    Impaired
15        Professionals  Assistance  System  or other such approved
16        treatment program.
17        (b)  The determination by a circuit court that a  license
18    holder  is  subject  to  involuntary  admission  or  judicial
19    admission  as provided in the Mental Health and Developmental
20    Disabilities Code, as now or hereafter amended,  operates  as
21    an  automatic suspension.  Such suspension will end only upon
22    a finding by a court that the patient is no longer subject to
23    involuntary admission or judicial admission, an order by  the
24    court  so  finding  and  discharging  the  patient,  and  the
25    recommendation  of the Board to the Director that the license
26    holder be allowed to resume his practice.
27        In enforcing this Section, the Department upon a  showing
28    of  a possible violation may compel an individual licensed to
29    practice under this Act or  who  has  applied  for  licensure
30    pursuant  to  this  Act  to  submit  to  a mental or physical
31    examination, or both, as required by and at  the  expense  of
32    the   Department.   The   examining  physicians  or  clinical
33    psychologists shall be those specifically designated  by  the
34    Department. The individual to be examined may have, at his or
 
                            -105-              LRB9215313ACcd
 1    her  own  expense, another physician or clinical psychologist
 2    of his or her choice  present  during  all  aspects  of  this
 3    examination.  Failure of any individual to submit to a mental
 4    or physical examination when directed shall  be  grounds  for
 5    suspension of his or her license until the individual submits
 6    to  the examination if the Department finds, after notice and
 7    hearing, that the refusal to submit to  the  examination  was
 8    without reasonable cause.
 9        If   the  Department  determines  that  an  applicant  or
10    licensee is unable to practice because  of  the  reasons  set
11    forth  in  this  Section,  the  Department may discipline the
12    licensee or require the applicant or licensee to  enter  into
13    an  agreement  of  care,  counseling,  and treatment with the
14    Department to enroll and participate in an approved treatment
15    program  in  accordance  with  the   Impaired   Professionals
16    Assistance  System,  subject  to  terms  and  conditions  the
17    Department deems appropriate.
18        An  individual  whose  license  was  granted,  continued,
19    reinstated,  renewed,  disciplined,  or supervised subject to
20    such terms, conditions, or  restrictions  and  who  fails  to
21    comply  with such terms, conditions, or restrictions shall be
22    referred to the Director for a determination  as  to  whether
23    the  individual  shall  have  his  or  her  license suspended
24    immediately, pending a hearing by the Department.
25    (Source: P.A. 91-357, eff. 7-29-99.)

26        (225 ILCS 75/19.17 new)
27        (Section scheduled to be repealed on December 31, 2003)
28        Sec.  19.17.  Reporting  requirements.   The   Department
29    shall, by rule, provide for the reporting by all employers to
30    the Impaired Professionals Assistance System of all instances
31    in  which a person licensed under this Act who is impaired by
32    reason of age, drug or alcohol abuse, or physical  or  mental
33    impairment,  is  under supervision and, where appropriate, is
 
                            -106-              LRB9215313ACcd
 1    in a program of rehabilitation.  Reports  shall  be  strictly
 2    confidential  and  may  be  reviewed  and  considered only by
 3    authorized Department staff as provided by  rule.  Provisions
 4    shall  be  made  for the periodic report of the status of any
 5    such licensee not  less  than  twice  annually  so  that  the
 6    Department  shall  have  current  information  upon  which to
 7    determine the status  of  any  such  licensee.   Initial  and
 8    periodic   reports   of   impaired  licensees  shall  not  be
 9    considered records within the meaning of  the  State  Records
10    Act  and  shall  be disposed of, following a determination by
11    the Department that such reports are no longer required, in a
12    manner and at such time as the Department shall determine  by
13    rule.

14        Section 65.  The Illinois Optometric Practice Act of 1987
15    is  amended  by changing Sections 9 and 24 and adding Section
16    24.5 as follows:

17        (225 ILCS 80/9) (from Ch. 111, par. 3909)
18        (Section scheduled to be repealed on January 1, 2007)
19        Sec. 9.  Definitions. In this Act:
20             (1)  "Department"   means    the    Department    of
21        Professional Regulation.
22             (2)  "Director"  means  the Director of Professional
23        Regulation.
24             (3)  "Board" means the Illinois Optometric Licensing
25        and Disciplinary Board appointed by the Director.
26             (4)  "License" means  the  document  issued  by  the
27        Department   authorizing  the  person  named  thereon  to
28        practice optometry.
29             (5)  "Certificate" means the document issued by  the
30        Department  authorizing  the  person  named  thereon as a
31        certified optometrist qualified to use diagnostic topical
32        ocular  pharmaceutical  agents  or   therapeutic   ocular
 
                            -107-              LRB9215313ACcd
 1        pharmaceutical agents.
 2             (6)  "Direct  supervision"  means supervision of any
 3        person  assisting  an  optometrist,  requiring  that  the
 4        optometrist  authorize  the  procedure,  remain  in   the
 5        facility  while  the  procedure is performed, approve the
 6        work performed by the person assisting  before  dismissal
 7        of  the  patient,  but does not mean that the optometrist
 8        must be present with the patient, during the procedure.
 9             (7)  "Impaired" means the inability to practice with
10        reasonable skill and safety due  to  physical  or  mental
11        disabilities  as  evidenced by a written determination or
12        written consent based  on  clinical  evidence,  including
13        deterioration  through the aging process or loss of motor
14        skill, abuse  of  drugs  or  alcohol,  or  a  psychiatric
15        disorder,  of  sufficient degree to diminish the person's
16        ability to deliver competent patient care.
17             (8)  "Impaired  Professionals   Assistance   System"
18        means  the  program  established  by  Section  16  of the
19        Department  of  Professional  Regulation  Law  (20   ILCS
20        2105/2105-16).
21             (9)  "Program  of  care,  counseling,  or treatment"
22        means a written agreement between the Department  and  an
23        applicant  or  licensee  requiring  that the applicant or
24        licensee enroll and participate in  a  treatment  program
25        approved  by  the  Department.  The  agreement  may  also
26        specify  terms  and  conditions deemed appropriate by the
27        Board.
28    (Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97.)

29        (225 ILCS 80/24) (from Ch. 111, par. 3924)
30        (Section scheduled to be repealed on January 1, 2007)
31        Sec. 24.  Grounds for disciplinary action.
32        (a)  The Department may refuse to issue or to  renew,  or
33    may  revoke,  suspend,  place on probation, reprimand or take
 
                            -108-              LRB9215313ACcd
 1    other disciplinary action as the Department may deem  proper,
 2    including fines not to exceed $5,000 for each violation, with
 3    regard   to  any  license  or  certificate  for  any  one  or
 4    combination of the following causes:
 5             (1)  Violations  of  this  Act,  or  of  the   rules
 6        promulgated hereunder.
 7             (2)  Conviction  of  any crime under the laws of any
 8        U.S. jurisdiction thereof that is a felony or that  is  a
 9        misdemeanor  of which an essential element is dishonesty,
10        or of any crime that is directly related to the  practice
11        of the profession.
12             (3)  Making any misrepresentation for the purpose of
13        obtaining a license or certificate.
14             (4)  Professional  incompetence  or gross negligence
15        in the practice of optometry.
16             (5)  Gross  malpractice,  prima  facie  evidence  of
17        which may be a conviction or judgment of  malpractice  in
18        any court of competent jurisdiction.
19             (6)  Aiding or assisting another person in violating
20        any provision of this Act or rules.
21             (7)  Failing, within 60 days, to provide information
22        in  response  to a written request made by the Department
23        that has been sent by certified or registered mail to the
24        licensee's last known address.
25             (8)  Engaging   in   dishonorable,   unethical,   or
26        unprofessional conduct of a character likely to  deceive,
27        defraud, or harm the public.
28             (9)  Habitual  or  excessive  use  or  addiction  to
29        alcohol,  narcotics,  stimulants  or  any  other chemical
30        agent or drug that results in the inability  to  practice
31        with reasonable judgment, skill, or safety.
32             (10)  Discipline  by  another  U.S.  jurisdiction or
33        foreign nation, if at least one of the  grounds  for  the
34        discipline  is  the  same  or substantially equivalent to
 
                            -109-              LRB9215313ACcd
 1        those set forth herein.
 2             (11)  Directly or indirectly giving to or  receiving
 3        from  any  person,  firm,  corporation,  partnership,  or
 4        association any fee, commission, rebate, or other form of
 5        compensation  for  any professional services not actually
 6        or personally rendered.  This  shall  not  be  deemed  to
 7        include  (i)  rent  or  other  remunerations  paid  to an
 8        individual, partnership, or corporation by an optometrist
 9        for  the  lease,  rental,  or  use  of  space,  owned  or
10        controlled, by the individual,  partnership,  corporation
11        or  association, and (ii) the division of fees between an
12        optometrist and related  professional  service  providers
13        with  whom  the  optometrist practices  in a professional
14        corporation  organized   under   Section   3.6   of   the
15        Professional Service Corporation Act.
16             (12)  A finding by the Department that the licensee,
17        after  having  his  or her license placed on probationary
18        status has violated the terms of probation.
19             (13)  Abandonment of a patient.
20             (14)  Willfully making or filing  false  records  or
21        reports in his or her practice, including but not limited
22        to   false   records   filed   with   State  agencies  or
23        departments.
24             (15)  Willfully failing to  report  an  instance  of
25        suspected  child  abuse  or  neglect  as  required by the
26        Abused and Neglected Child Reporting Act.
27             (16)  Physical illness, including  but  not  limited
28        to,  deterioration  through the aging process, or loss of
29        motor skill, mental illness, or disability  that  results
30        in   the   inability  to  practice  the  profession  with
31        reasonable judgment, skill, or safety.
32             (17)  Solicitation of  professional  services  other
33        than permitted advertising.
34             (18)  Failure  to  provide  a patient with a copy of
 
                            -110-              LRB9215313ACcd
 1        his or  her  record  or  prescription  upon  the  written
 2        request of the patient.
 3             (19)  Conviction   by   any   court   of   competent
 4        jurisdiction, either within or without this State, of any
 5        violation of any law governing the practice of optometry,
 6        conviction  in this or another State of any crime that is
 7        a felony under the laws of this State or conviction of  a
 8        felony  in a federal court, if the Department determines,
 9        after  investigation,  that  such  person  has  not  been
10        sufficiently rehabilitated to warrant the public trust.
11             (20)  A finding that licensure has been applied  for
12        or obtained by fraudulent means.
13             (21)  Continued   practice  by  a  person  knowingly
14        having an infectious or contagious disease.
15             (22)  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  a
20        neglected  child  as  defined in the Abused and Neglected
21        Child Reporting Act.
22             (23)  Practicing or attempting to practice  under  a
23        name  other  than  the  full  name as shown on his or her
24        license.
25             (24)  Immoral conduct in the commission of any  act,
26        such   as  sexual  abuse,  sexual  misconduct  or  sexual
27        exploitation, related to the licensee's practice.
28             (25)  Maintaining a professional  relationship  with
29        any  person,  firm,  or  corporation when the optometrist
30        knows,  or  should  know,  that  such  person,  firm,  or
31        corporation is violating this Act.
32             (26)  Promotion  of  the  sale  of  drugs,  devices,
33        appliances or goods provided for a client or  patient  in
34        such  manner  as  to  exploit  the  patient or client for
 
                            -111-              LRB9215313ACcd
 1        financial gain of the licensee.
 2             (27)  Using the title "Doctor" or  its  abbreviation
 3        without  further  qualifying  that  title or abbreviation
 4        with the word "optometry" or "optometrist".
 5             (28)  Use by a  licensed  optometrist  of  the  word
 6        "infirmary",   "hospital",   "school",  "university",  in
 7        English or any other language,  in  connection  with  the
 8        place where optometry may be practiced or demonstrated.
 9             (29)  Continuance of an optometrist in the employ of
10        any  person,  firm  or corporation, or as an assistant to
11        any optometrist or optometrists, directly or  indirectly,
12        after  his  or  her  employer  or superior has been found
13        guilty of violating or has been enjoined  from  violating
14        the  laws  of  the  State  of  Illinois  relating  to the
15        practice of optometry,  when  the  employer  or  superior
16        persists in that violation.
17             (30)  The   performance  of  optometric  service  in
18        conjunction with a scheme or plan  with  another  person,
19        firm  or  corporation known to be advertising in a manner
20        contrary to this Act or otherwise violating the  laws  of
21        the   State   of  Illinois  concerning  the  practice  of
22        optometry.
23             (31)  Failure  to  provide  satisfactory  proof   of
24        having  participated  in  approved  continuing  education
25        programs  as  determined by the Board and approved by the
26        Director.  Exceptions for extreme  hardships  are  to  be
27        defined by the rules of the Department.
28             (32)  Willfully  making  or  filing false records or
29        reports in the practice of optometry, including, but  not
30        limited  to  false  records to support claims against the
31        medical assistance program of the  Department  of  Public
32        Aid under the Illinois Public Aid Code.
33             (33)  Gross    and    willful    overcharging    for
34        professional  services  including filing false statements
 
                            -112-              LRB9215313ACcd
 1        for  collection  of  fees  for  which  services  are  not
 2        rendered, including, but  not  limited  to  filing  false
 3        statements  for  collection  of  monies  for services not
 4        rendered from  the  medical  assistance  program  of  the
 5        Department  of  Public  Aid under the Illinois Public Aid
 6        Code.
 7             (34)  In  the  absence  of  good  reasons   to   the
 8        contrary, failure to perform a minimum eye examination as
 9        required by the rules of the Department.
10             (35)  Violation    of   the   Health   Care   Worker
11        Self-Referral Act.
12             (36)  Failure  to  comply   with   the   terms   and
13        conditions    of   an   agreement   with   the   Impaired
14        Professionals Assistance System or  other  such  approved
15        treatment program.
16        The  Department  may  refuse  to issue or may suspend the
17    license or certificate of any person  who  fails  to  file  a
18    return,  or  to  pay  the tax, penalty or interest shown in a
19    filed return, or to pay any  final  assessment  of  the  tax,
20    penalty  or interest, as required by any tax Act administered
21    by the Illinois Department of Revenue, until such time as the
22    requirements of any such tax Act are satisfied.
23        (a-5)  In  enforcing  this  Section,  the  Board  upon  a
24    showing of a possible violation, may  compel  any  individual
25    licensed  to  practice under this Act, or who has applied for
26    licensure or certification pursuant to this Act, to submit to
27    a mental or physical examination, or both, as required by and
28    at the expense of the Department.  The  examining  physicians
29    or   clinical   psychologists  shall  be  those  specifically
30    designated by the Board.  The Board  or  the  Department  may
31    order  the  examining  physician  or clinical psychologist to
32    present  testimony  concerning  this   mental   or   physical
33    examination  of  the  licensee  or applicant.  No information
34    shall be excluded by reason of any common  law  or  statutory
 
                            -113-              LRB9215313ACcd
 1    privilege  relating to communications between the licensee or
 2    applicant   and   the   examining   physician   or   clinical
 3    psychologist.  Eye examinations may be provided by a licensed
 4    and certified therapeutic optometrist.  The individual to  be
 5    examined  may  have,  at  his  or  her  own  expense, another
 6    physician of his or her choice present during all aspects  of
 7    the  examination.   Failure  of any individual to submit to a
 8    mental or  physical  examination,  when  directed,  shall  be
 9    grounds  for  suspension  of a license until such time as the
10    individual submits to the examination  if  the  Board  finds,
11    after  notice  and hearing, that the refusal to submit to the
12    examination was without reasonable cause.
13        If the Board determines that an applicant or licensee  is
14    unable  to  practice because of the reasons set forth in this
15    Section, the Board may discipline the licensee or require the
16    applicant or licensee to enter into  an  agreement  of  care,
17    counseling,  and  treatment with the Department to enroll and
18    participate in an approved treatment  program  in  accordance
19    with the Impaired Professionals Assistance System, subject to
20    terms and conditions the Board deems appropriate.
21        If  the  Board  finds  an  individual  unable to practice
22    because of the reasons set forth in this Section,  the  Board
23    shall  require such individual to submit to care, counseling,
24    or treatment by physicians or clinical psychologists approved
25    or  designated  by  the  Board,  as  a  condition,  term,  or
26    restriction for continued, reinstated, or  renewed  licensure
27    to  practice,  or  in lieu of care, counseling, or treatment,
28    the Board may recommend to the Department to file a complaint
29    to immediately suspend, revoke, or otherwise  discipline  the
30    license  of the individual, or the Board may recommend to the
31    Department  to  file  a  complaint  to  suspend,  revoke,  or
32    otherwise discipline the  license  of  the  individual.   Any
33    individual whose license was granted pursuant to this Act, or
34    continued,  reinstated,  renewed, disciplined, or supervised,
 
                            -114-              LRB9215313ACcd
 1    subject to such conditions, terms, or restrictions, who shall
 2    fail to comply with such conditions, terms, or  restrictions,
 3    shall  be  referred to the Director for a determination as to
 4    whether  the  individual  shall  have  his  or  her   license
 5    suspended immediately, pending a hearing by the Board.
 6        (b)  The determination by a circuit court that a licensee
 7    is  subject to involuntary admission or judicial admission as
 8    provided in the Mental Health and Developmental  Disabilities
 9    Code  operates  as  an  automatic suspension.  The suspension
10    will end only upon a finding by a court that the  patient  is
11    no  longer  subject  to  involuntary  admission  or  judicial
12    admission  and issues an order so finding and discharging the
13    patient; and upon the recommendation  of  the  Board  to  the
14    Director  that  the  licensee be allowed to resume his or her
15    practice.
16    (Source: P.A.  89-702,  eff.  7-1-97;  90-230,  eff.  1-1-98;
17    90-655, eff. 7-30-98.)

18        (225 ILCS 80/24.5 new)
19        (Section scheduled to be repealed on January 1, 2007)
20        Sec. 24.5.  Reporting requirements. The Department shall,
21    by rule, provide for the reporting by all  employers  to  the
22    Impaired  Professionals Assistance System of all instances in
23    which a person licensed under this Act  who  is  impaired  by
24    reason  of  age, drug or alcohol abuse, or physical or mental
25    impairment, is under supervision and, where  appropriate,  is
26    in  a  program  of  rehabilitation. Reports shall be strictly
27    confidential and may  be  reviewed  and  considered  only  by
28    authorized  Department  staff as provided by rule. Provisions
29    shall be made for the periodic report of the  status  of  any
30    such  licensee  not  less  than  twice  annually  so that the
31    Department shall  have  current  information  upon  which  to
32    determine  the  status  of  any  such  licensee.  Initial and
33    periodic  reports  of  impaired  licensees   shall   not   be
 
                            -115-              LRB9215313ACcd
 1    considered  records  within  the meaning of the State Records
 2    Act and shall be disposed of, following  a  determination  by
 3    the Department that such reports are no longer required, in a
 4    manner  and at such time as the Department shall determine by
 5    rule.

 6        Section 70.  The Orthotics, Prosthetics,  and  Pedorthics
 7    Practice  Act  is  amended by changing Sections 10 and 90 and
 8    adding Section 92 as follows:

 9        (225 ILCS 84/10)
10        (Section scheduled to be repealed on January 1, 2010)
11        Sec. 10.  Definitions.  As used in this Act:
12        "Assistant" means a  person  who  assists  an  orthotist,
13    prosthetist,   or  prosthetist/orthotist  with  patient  care
14    services and fabrication of orthoses or prostheses under  the
15    supervision of a licensed orthotist or prosthetist.
16        "Board"  means  the  Board of Orthotics, Prosthetics, and
17    Pedorthics.
18        "Custom" means that an orthosis, prosthesis, or pedorthic
19    device is designed, fabricated, and aligned specifically  for
20    one person in accordance with sound biomechanical principles.
21        "Custom  fitted"  means  that  a  prefabricated orthosis,
22    prosthesis, or  pedorthic  device  is  modified  and  aligned
23    specifically   for   one  person  in  accordance  with  sound
24    biomechanical principles.
25        "Department"  means  the   Department   of   Professional
26    Regulation.
27        "Director" means the Director of Professional Regulation.
28        "Facility"  means  the  business location where orthotic,
29    prosthetic, or pedorthic care is provided and, in the case of
30    an orthotic/prosthetic facility, has the appropriate clinical
31    and laboratory space and equipment to  provide  comprehensive
32    orthotic  or  prosthetic care and, in the case of a pedorthic
 
                            -116-              LRB9215313ACcd
 1    facility, has the appropriate clinical space and equipment to
 2    provide pedorthic care.   Licensed orthotists,  prosthetists,
 3    and  pedorthists  must be available to either provide care or
 4    supervise the provision of care by registered staff.
 5        "Impaired"  means  the   inability   to   practice   with
 6    reasonable  skill  and  safety  due  to  physical  or  mental
 7    disabilities  as  evidenced  by  a  written  determination or
 8    written  consent  based  on  clinical   evidence,   including
 9    deterioration  through  the  aging  process  or loss of motor
10    skill, abuse of drugs or alcohol, or a psychiatric  disorder,
11    of  sufficient  degree  to  diminish  the person's ability to
12    deliver competent patient care.
13        "Impaired  Professionals  Assistance  System"  means  the
14    program established  by  Section  16  of  the  Department  of
15    Professional Regulation Law (20 ILCS 2105/2105-16).
16        "Licensed  orthotist"  means a person licensed under this
17    Act to practice  orthotics  and  who  represents  himself  or
18    herself  to  the  public  by title or description of services
19    that includes the term "orthotic", "orthotist", "brace", or a
20    similar title or description of services.
21        "Licensed pedorthist" means a person licensed under  this
22    Act  to  practice  pedorthics  and  who represents himself or
23    herself to the public by the title or description of services
24    that include the term "pedorthic", "pedorthist", or a similar
25    title or description of services.
26        "Licensed physician" means a person  licensed  under  the
27    Medical Practice Act of 1987.
28        "Licensed  podiatrist"  means a person licensed under the
29    Podiatric Medical Practice Act of 1987.
30        "Licensed prosthetist" means a person licensed under this
31    Act to practice prosthetics and  who  represents  himself  or
32    herself  to  the  public  by title or description of services
33    that  includes   the   term   "prosthetic",    "prosthetist",
34    "artificial  limb",  or  a  similar  title  or description of
 
                            -117-              LRB9215313ACcd
 1    services.
 2        "Orthosis" means  a  custom-fabricated  or  custom-fitted
 3    brace   or   support   designed  to  provide  for  alignment,
 4    correction, or prevention of neuromuscular or musculoskeletal
 5    dysfunction, disease, injury, or deformity.  "Orthosis"  does
 6    not   include  fabric  or  elastic  supports,  corsets,  arch
 7    supports, low-temperature plastic splints,  trusses,  elastic
 8    hoses,   canes,   crutches,  soft  cervical  collars,  dental
 9    appliances, or other similar devices  carried  in  stock  and
10    sold  as "over-the-counter" items by a drug store, department
11    store, corset shop, or surgical supply facility.
12        "Orthotic  and  Prosthetic  Education  Program"  means  a
13    course  of  instruction  accredited  by  the  Commission   on
14    Accreditation of Allied Health Education Programs, consisting
15    of  (i)  a  basic  curriculum of college level instruction in
16    math, physics, biology, chemistry, and psychology and (ii)  a
17    specific   curriculum  in  orthotic  or  prosthetic  courses,
18    including:   (A)   lectures   covering   pertinent   anatomy,
19    biomechanics, pathomechanics, prosthetic-orthotic  components
20    and   materials,   training   and   functional  capabilities,
21    prosthetic or orthotic performance  evaluation,  prescription
22    considerations, etiology of amputations and disease processes
23    necessitating   prosthetic   or  orthotic  use,  and  medical
24    management; (B)  subject  matter  related  to  pediatric  and
25    geriatric   problems;   (C)   instruction   in   acute   care
26    techniques,  such  as  immediate  and   early   post-surgical
27    prosthetics   and   fracture   bracing  techniques;  and  (D)
28    lectures, demonstrations, and laboratory experiences  related
29    to   the  entire  process  of  measuring,  casting,  fitting,
30    fabricating, aligning, and completing prostheses or orthoses.
31        "Orthotic and prosthetic scope of practice" means a  list
32    of  tasks,  with  relative  weight  given  to such factors as
33    importance,   criticality,   and    frequency,    based    on
34    internationally accepted standards of orthotic and prosthetic
 
                            -118-              LRB9215313ACcd
 1    care  as outlined by the International Society of Prosthetics
 2    and  Orthotics'  professional  profile  for  Category  I  and
 3    Category III orthotic and prosthetic personnel.
 4        "Orthotics" means the science and practice of evaluating,
 5    measuring,  designing,  fabricating,   assembling,   fitting,
 6    adjusting,  or  servicing  an  orthosis under an order from a
 7    licensed  physician  or  podiatrist  for  the  correction  or
 8    alleviation of neuromuscular or musculoskeletal  dysfunction,
 9    disease, injury, or deformity.
10        "Orthotist"   means   a  person  who  measures,  designs,
11    fabricates, fits, or services orthoses  and  assists  in  the
12    formulation of the order of orthoses as ordered by a licensed
13    physician  for  the  support  or  correction  of disabilities
14    caused  by  neuro-musculoskeletal  diseases,   injuries,   or
15    deformities.
16        "Over-the-counter"  means  a prefabricated, mass-produced
17    device that  is  prepackaged  and  requires  no  professional
18    advice   or  judgement  in  either  size  selection  or  use,
19    including fabric or elastic supports, corsets,  generic  arch
20    supports, elastic hoses.
21        "Pedorthic   device"  means  therapeutic  footwear,  foot
22    orthoses for use at the ankle or below, and modified footwear
23    made for therapeutic purposes.  "Pedorthic device"  does  not
24    include     non-therapeutic     accommodative    inlays    or
25    non-therapeutic accommodative footwear, regardless of  method
26    of  manufacture,  shoe modifications made for non-therapeutic
27    purposes,    unmodified,    over-the-counter    shoes,     or
28    prefabricated foot care products.
29        "Pedorthic   education   program"   means   a  course  of
30    instruction accredited by  the  Board  for  Certification  in
31    Pedorthics   consisting   of   (i)   a  basic  curriculum  of
32    instruction in foot-related pathology of  diseases,  anatomy,
33    and  biomechanics and (ii) a specific curriculum in pedorthic
34    courses, including lectures covering  shoes,  foot  orthoses,
 
                            -119-              LRB9215313ACcd
 1    and  shoe  modifications, pedorthic components and materials,
 2    training and functional capabilities,  pedorthic  performance
 3    evaluation,  prescription considerations, etiology of disease
 4    processes necessitating use  of  pedorthic  devices,  medical
 5    management, subject matter related to pediatric and geriatric
 6    problems,   and   lectures,  demonstrations,  and  laboratory
 7    experiences related to the entire process  of  measuring  and
 8    casting,   fitting,  fabricating,  aligning,  and  completing
 9    pedorthic devices.
10        "Pedorthic scope of practice" means a list of tasks  with
11    relative   weight   given  to  such  factors  as  importance,
12    criticality,  and  frequency  based  on  nationally  accepted
13    standards of pedorthic care as  outlined  by  the  Board  for
14    Certification  in  Pedorthics' comprehensive analysis with an
15    empirical validation study of the profession performed by  an
16    independent testing company.
17        "Pedorthics"   means   the   science   and   practice  of
18    evaluating, measuring,  designing,  fabricating,  assembling,
19    fitting,  adjusting, or servicing a pedorthic device under an
20    order  from  a  licensed  physician  or  podiatrist  for  the
21    correction or alleviation of neuromuscular or musculoskeletal
22    dysfunction, disease, injury, or deformity.
23        "Pedorthist"  means  a  person  who  measures,   designs,
24    fabricates,  fits,  or services pedorthic devices and assists
25    in the formulation of  the  order  of  pedorthic  devices  as
26    ordered by a licensed physician for the support or correction
27    of  disabilities  caused  by  neuro-musculoskeletal diseases,
28    injuries, or deformities.
29        "Person" means a natural person.
30        "Program of  care,  counseling,  or  treatment"  means  a
31    written  agreement between the Department and an applicant or
32    licensee requiring that the applicant or licensee enroll  and
33    participate   in   a   treatment   program  approved  by  the
34    Department.  The  agreement  may  also  specify   terms   and
 
                            -120-              LRB9215313ACcd
 1    conditions deemed appropriate by the Board.
 2        "Prosthesis"  means  an artificial medical device that is
 3    not surgically implanted  and  that  is  used  to  replace  a
 4    missing  limb,  appendage,  or  any other external human body
 5    part  including  an   artificial   limb,   hand,   or   foot.
 6    "Prosthesis" does not include artificial eyes, ears, fingers,
 7    or   toes,   dental  appliances,  cosmetic  devices  such  as
 8    artificial breasts, eyelashes, or wigs, or other devices that
 9    do not have  a  significant  impact  on  the  musculoskeletal
10    functions of the body.
11        "Prosthetics"   means   the   science   and  practice  of
12    evaluating, measuring,  designing,  fabricating,  assembling,
13    fitting,  adjusting, or servicing a prosthesis under an order
14    from a licensed physician.
15        "Prosthetist"  means  a  person  who  measures,  designs,
16    fabricates, fits, or services prostheses and assists  in  the
17    formulation  of  the  order  of  prostheses  as  ordered by a
18    licensed physician for the replacement of external  parts  of
19    the   human   body  lost  due  to  amputation  or  congenital
20    deformities or absences.
21        "Prosthetist/orthotist" means a person who practices both
22    disciplines of prosthetics and orthotics and  who  represents
23    himself  or  herself to the public by title or by description
24    of services.
25        "Resident" means a person who has completed an  education
26    program  in either orthotics or prosthetics and is continuing
27    his or her clinical education in a  residency  accredited  by
28    the National Commission on Orthotic and Prosthetic Education.
29        "Technician"  means  a  person  who assists an orthotist,
30    prosthetist,  prosthetist/orthotist,   or   pedorthist   with
31    fabrication of orthoses, prostheses, or pedorthic devices but
32    does not provide direct patient care.
33    (Source: P.A. 91-590, eff. 1-1-00.)
 
                            -121-              LRB9215313ACcd
 1        (225 ILCS 84/90)
 2        (Section scheduled to be repealed on January 1, 2010)
 3        Sec. 90.  Grounds for discipline.
 4        (a)  The  Department  may  refuse  to  issue  or  renew a
 5    license, may revoke or suspend a  license,  or  may  suspend,
 6    place  on probation, censure, or reprimand a licensee for one
 7    or any combination of the following:
 8             (1)  Making a material  misstatement  in  furnishing
 9        information to the Department or the Board.
10             (2)  Violations   of  or  negligent  or  intentional
11        disregard of this Act or its rules.
12             (3)  Conviction of any crime that under the laws  of
13        the  United  States  or  of  a  state or territory of the
14        United States is a felony or a misdemeanor, an  essential
15        element  of  which  is  dishonesty, or of a crime that is
16        directly related to the practice of the profession.
17             (4)  Making a misrepresentation for the  purpose  of
18        obtaining a license.
19             (5)  A  pattern  of  practice or other behavior that
20        demonstrates incapacity or incompetence to practice under
21        this Act.
22             (6)  Gross negligence under this Act.
23             (7)  Aiding or assisting another person in violating
24        a provision of this Act or its rules.
25             (8)  Failing to provide information within  60  days
26        in response to a written request made by the Department.
27             (9)  Engaging   in   dishonorable,   unethical,   or
28        unprofessional  conduct  or conduct of a character likely
29        to deceive, defraud, or harm the public.
30             (10)  Habitual intoxication or addiction to the  use
31        of drugs.
32             (11)  Discipline  by  another  state or territory of
33        the United States, the  federal  government,  or  foreign
34        nation, if at least one of the grounds for the discipline
 
                            -122-              LRB9215313ACcd
 1        is  the same or substantially equivalent to one set forth
 2        in this Section.
 3             (12)  Directly or indirectly giving to or  receiving
 4        from   a   person,  firm,  corporation,  partnership,  or
 5        association a fee, commission, rebate, or other  form  of
 6        compensation  for  professional  services not actually or
 7        personally rendered.
 8             (13)  A finding by the Board that  the  licensee  or
 9        registrant,  after  having  his  or her license placed on
10        probationary status, has violated the terms of probation.
11             (14)  Abandonment of a patient or client.
12             (15)  Wilfully making or  filing  false  records  or
13        reports in his or her practice including, but not limited
14        to,   false   records   filed   with  State  agencies  or
15        departments.
16             (16)  Wilfully failing  to  report  an  instance  of
17        suspected  child  abuse  or  neglect  as  required by the
18        Abused and Neglected Child Reporting Act.
19             (17)  Physical illness including,  but  not  limited
20        to,  deterioration  through  the aging process or loss of
21        motor skill that results in the inability to practice the
22        profession with reasonable judgement, skill, or safety.
23             (18)  Solicitation of  professional  services  using
24        false or misleading advertising.
25             (19)  Failure   to   comply   with   the  terms  and
26        conditions   of   an   agreement   with   the    Impaired
27        Professionals  Assistance  System  or other such approved
28        treatment program.
29        (b)  The determination by a circuit court that a licensee
30    or registrant is subject to involuntary admission or judicial
31    admission, as provided in the Mental Health and Developmental
32    Disabilities Code, operates as an automatic suspension.   The
33    suspension  will  end only upon (i) a finding by a court that
34    the patient is no longer subject to involuntary admission  or
 
                            -123-              LRB9215313ACcd
 1    judicial  admission  and  the  issuance  of a court  order so
 2    finding  and   discharging   the   patient   and   (ii)   the
 3    recommendation of the Board to the Director that the licensee
 4    or registrant be allowed to resume his or her practice.
 5        (c)  In  enforcing  this Section, the Department or Board
 6    upon  a  showing  of  a  possible  violation  may  compel  an
 7    individual licensed to practice under this Act,  or  who  has
 8    applied  for  licensure under this Act, to submit to a mental
 9    or physical examination, or both, as required by and  at  the
10    expense  of the Department. The Department or Board may order
11    the examining physician to present testimony  concerning  the
12    mental  or physical examination of the licensee or applicant.
13    No information shall be excluded by reason of any common  law
14    or statutory privilege relating to communications between the
15    licensee  or  applicant  and  the  examining  physician.  The
16    examining  physicians shall be specifically designated by the
17    Board or Department. The individual to be examined may  have,
18    at  his  or  her own expense, another physician of his or her
19    choice present during all aspects of this  examination.   The
20    examination  shall  be  performed  by a physician licensed to
21    practice  medicine  in  all  its  branches.   Failure  of  an
22    individual to submit to a  mental  or  physical  examination,
23    when  directed, shall be grounds for suspension of his or her
24    license until the individual submits to  the  examination  if
25    the  Department  finds,  after  notice  and hearing, that the
26    refusal to submit to the examination was  without  reasonable
27    cause.
28        If   the  Department  determines  that  an  applicant  or
29    licensee is unable to practice because  of  the  reasons  set
30    forth  in  this  Section,  the  Department may discipline the
31    licensee or require the applicant or licensee to  enter  into
32    an  agreement  of  care,  counseling,  and treatment with the
33    Department to enroll and participate in an approved treatment
34    program  in  accordance  with  the   Impaired   Professionals
 
                            -124-              LRB9215313ACcd
 1    Assistance  System,  subject  to  terms  and  conditions  the
 2    Department  deems  appropriate.  If  the  Department or Board
 3    finds an individual unable to practice because of the reasons
 4    set forth in  this  Section,  the  Department  or  Board  may
 5    require  that  individual  to  submit to care, counseling, or
 6    treatment  by  physicians  approved  or  designated  by   the
 7    Department or Board, as a condition, term, or restriction for
 8    continued,  reinstated, or renewed licensure to practice; or,
 9    in lieu of care, counseling, or treatment, the Department may
10    file, or the Board may recommend to the Department to file, a
11    complaint  to  immediately  suspend,  revoke,  or   otherwise
12    discipline the license of the individual. An individual whose
13    license   was   granted,   continued,   reinstated,  renewed,
14    disciplined or supervised subject to such terms,  conditions,
15    or  restrictions,  and  who  fails to comply with such terms,
16    conditions,  or  restrictions,  shall  be  referred  to   the
17    Director  for  a  determination  as to whether the individual
18    shall have his or her license suspended immediately,  pending
19    a hearing by the Department.
20        In instances in which the Director immediately suspends a
21    person's  license  under  this  Section,  a  hearing  on that
22    person's license must be convened by the Department within 15
23    days after the suspension and completed  without  appreciable
24    delay.  The  Department and Board shall have the authority to
25    review the  subject  individual's  record  of  treatment  and
26    counseling  regarding  the impairment to the extent permitted
27    by applicable federal statutes and  regulations  safeguarding
28    the confidentiality of medical records.
29        An  individual licensed under this Act and affected under
30    this Section shall be afforded an opportunity to  demonstrate
31    to the Department or Board that he or she can resume practice
32    in  compliance with acceptable and prevailing standards under
33    the provisions of his or her license.
34    (Source: P.A. 91-590, eff. 1-1-00.)
 
                            -125-              LRB9215313ACcd
 1        (225 ILCS 84/92 new)
 2        (Section scheduled to be repealed on January 1, 2010)
 3        Sec. 92.  Reporting requirements. The  Department  shall,
 4    by  rule,  provide  for the reporting by all employers to the
 5    Impaired Professionals Assistance System of all instances  in
 6    which  a  person  licensed  under this Act who is impaired by
 7    reason of age, drug or alcohol abuse, or physical  or  mental
 8    impairment,  is  under supervision and, where appropriate, is
 9    in a program of rehabilitation.  Reports  shall  be  strictly
10    confidential  and  may  be  reviewed  and  considered only by
11    authorized Department staff as provided by  rule.  Provisions
12    shall  be  made  for the periodic report of the status of any
13    such licensee not  less  than  twice  annually  so  that  the
14    Department  shall  have  current  information  upon  which to
15    determine the status  of  any  such  licensee.   Initial  and
16    periodic   reports   of   impaired  licensees  shall  not  be
17    considered records within the meaning of  the  State  Records
18    Act  and  shall  be disposed of, following a determination by
19    the Department that such reports are no longer required, in a
20    manner and at such time as the Department shall determine  by
21    rule.

22        Section 75.  The Physician Assistant Practice Act of 1987
23    is  amended  by changing Sections 4 and 21 and adding Section
24    21.1 as follows:

25        (225 ILCS 95/4) (from Ch. 111, par. 4604)
26        (Section scheduled to be repealed on January 1, 2008)
27        Sec. 4.  In this Act:
28        1.  "Department" means  the  Department  of  Professional
29    Regulation.
30        2.  "Director"   means   the   Director  of  Professional
31    Regulation.
32        3.  "Physician  assistant"  means  any   person   not   a
 
                            -126-              LRB9215313ACcd
 1    physician  who has been certified as a physician assistant by
 2    the National Commission on  the  Certification  of  Physician
 3    Assistants   or  equivalent  successor  agency  and  performs
 4    procedures under the supervision of a physician as defined in
 5    this Act.  A physician assistant may perform such  procedures
 6    within  the  specialty  of  the supervising physician, except
 7    that  such   physician   shall   exercise   such   direction,
 8    supervision  and  control  over  such physician assistants as
 9    will assure that patients shall receive quality medical care.
10    Physician assistants shall be capable of performing a variety
11    of tasks within the  specialty  of  medical  care  under  the
12    supervision  of  a  physician.   Supervision of the physician
13    assistant shall not be construed to necessarily  require  the
14    personal  presence  of the supervising physician at all times
15    at the place where services are rendered, as long as there is
16    communication available for consultation by radio,  telephone
17    or   telecommunications   within  established  guidelines  as
18    determined by the physician/physician  assistant  team.   The
19    supervising  physician  may  delegate tasks and duties to the
20    physician assistant.  Delegated  tasks  or  duties  shall  be
21    consistent  with physician assistant education, training, and
22    experience.  The delegated tasks or duties shall be  specific
23    to the practice setting and shall be implemented and reviewed
24    under    guidelines   established   by   the   physician   or
25    physician/physician assistant team.  A  physician  assistant,
26    acting  as  an  agent of the physician, shall be permitted to
27    transmit the supervising physician's orders as determined  by
28    the  institution's  by-laws,  policies,  procedures,  or  job
29    description  within  which  the physician/physician assistant
30    team practices.  Physician  assistants  shall  practice  only
31    within the established guidelines.
32        4.  "Board" means the Medical Licensing Board constituted
33    under the Medical Practice Act of 1987.
34        5.  "Disciplinary  Board"  means the Medical Disciplinary
 
                            -127-              LRB9215313ACcd
 1    Board constituted under the Medical Practice Act of 1987.
 2        6.  "Physician" means, for purposes of this Act, a person
 3    licensed to practice medicine in all its branches  under  the
 4    Medical Practice Act of 1987.
 5        7.  "Supervising  Physician"  means,  for the purposes of
 6    this Act, the primary supervising physician  of  a  physician
 7    assistant,  who,  within  his  specialty  and  expertise  may
 8    delegate  a  variety of tasks and procedures to the physician
 9    assistant.  Such tasks  and  procedures  shall  be  delegated
10    within  established  guidelines.   The  supervising physician
11    maintains the  final  responsibility  for  the  care  of  the
12    patient and the performance of the physician assistant.
13        8.  "Alternate  supervising  physician"  means,  for  the
14    purpose   of   this  Act  any  physician  designated  by  the
15    supervising physician to provide  supervision  in  the  event
16    that  he  is  unable to provide that supervision for a period
17    not to exceed 30 days unless the Department  is  notified  in
18    writing.  The alternate supervising physicians shall maintain
19    all  the  same responsibilities as the supervising physician.
20    Nothing in this Act  shall  be  construed  as  relieving  any
21    physician of the professional or legal responsibility for the
22    care and treatment of persons attended by him or by physician
23    assistants  under  his supervision. Nothing in this Act shall
24    be construed as to limit the reasonable number  of  alternate
25    supervising  physicians,  provided they are designated by the
26    supervising physician.
27        "Impaired"  means  the   inability   to   practice   with
28    reasonable  skill  and  safety  due  to  physical  or  mental
29    disabilities  as  evidenced  by  a  written  determination or
30    written  consent  based  on  clinical   evidence,   including
31    deterioration  through  the  aging  process  or loss of motor
32    skill, abuse of drugs or alcohol, or a psychiatric  disorder,
33    of  sufficient  degree  to  diminish  the person's ability to
34    deliver competent patient care.
 
                            -128-              LRB9215313ACcd
 1        "Impaired  Professionals  Assistance  System"  means  the
 2    program established  by  Section  16  of  the  Department  of
 3    Professional Regulation Law (20 ILCS 2105/2105-16).
 4        "Program  of  care,  counseling,  or  treatment"  means a
 5    written agreement between the Department and an applicant  or
 6    licensee  requiring that the applicant or licensee enroll and
 7    participate  in  a  treatment   program   approved   by   the
 8    Department.   The   agreement  may  also  specify  terms  and
 9    conditions deemed appropriate by the Board.
10    (Source: P.A. 89-361, eff. 8-17-95.)

11        (225 ILCS 95/21) (from Ch. 111, par. 4621)
12        (Section scheduled to be repealed on January 1, 2008)
13        Sec. 21. Grounds for disciplinary action.
14        (a)  The Department may refuse to issue or to  renew,  or
15    may   revoke,   suspend,   place  on  probation,  censure  or
16    reprimand, or take other disciplinary action with  regard  to
17    any  license issued under this Act as the Department may deem
18    proper, including the issuance of fines not to  exceed  $5000
19    for  each  violation,  for  any  one  or  combination  of the
20    following causes:
21             (1)  Material misstatement in furnishing information
22        to the Department.
23             (2)  Violations of this Act, or  the  rules  adopted
24        under this Act.
25             (3)  Conviction  of  any crime under the laws of any
26        U.S.  jurisdiction  that  is  a  felony  or  that  is   a
27        misdemeanor, an essential element of which is dishonesty,
28        or of any crime which is directly related to the practice
29        of the profession.
30             (4)  Making any misrepresentation for the purpose of
31        obtaining licenses.
32             (5)  Professional incompetence.
33             (6)  Aiding or assisting another person in violating
 
                            -129-              LRB9215313ACcd
 1        any provision of this Act or its rules.
 2             (7)  Failing, within 60 days, to provide information
 3        in response to a written request made by the Department.
 4             (8)  Engaging   in   dishonorable,   unethical,   or
 5        unprofessional   conduct,   as  defined  by  rule,  of  a
 6        character likely to deceive, defraud, or harm the public.
 7             (9)  Habitual  or  excessive  use  or  addiction  to
 8        alcohol, narcotics, stimulants,  or  any  other  chemical
 9        agent  or  drug  that  results in a physician assistant's
10        inability to practice with reasonable judgment, skill, or
11        safety.
12             (10)  Discipline by  another  U.S.  jurisdiction  or
13        foreign  nation,  if  at  least  one  of  the grounds for
14        discipline is the same  or  substantially  equivalent  to
15        those set forth in this Section.
16             (11)  Directly  or indirectly giving to or receiving
17        from  any  person,  firm,  corporation,  partnership,  or
18        association any fee, commission, rebate or other form  of
19        compensation  for  any professional services not actually
20        or personally rendered.
21             (12)  A finding by the Disciplinary Board  that  the
22        licensee,  after  having  his  or  her  license placed on
23        probationary status has violated the terms of probation.
24             (13)  Abandonment of a patient.
25             (14)  Willfully making or filing  false  records  or
26        reports in his or her practice, including but not limited
27        to   false   records   filed   with   state  agencies  or
28        departments.
29             (15)  Willfully failing to  report  an  instance  of
30        suspected  child  abuse  or  neglect  as  required by the
31        Abused and Neglected Child Reporting Act.
32             (16)  Physical illness, including but not limited to
33        deterioration through the aging process, or loss of motor
34        skill, mental illness, or disability that results in  the
 
                            -130-              LRB9215313ACcd
 1        inability  to  practice  the  profession  with reasonable
 2        judgment, skill or safety.
 3             (17)  Being named as a perpetrator in  an  indicated
 4        report  by the Department of Children and Family Services
 5        under the Abused and Neglected Child Reporting  Act,  and
 6        upon  proof  by  clear  and  convincing evidence that the
 7        licensee has caused a child to  be  an  abused  child  or
 8        neglected  child  as  defined in the Abused and Neglected
 9        Child Reporting Act.
10             (18)  Conviction in this State or another  state  of
11        any  crime that is a felony under the laws of this State,
12        or conviction of a felony in a federal court.
13             (19)  Gross  malpractice  resulting   in   permanent
14        injury or death of a patient.
15             (20)  Employment of fraud, deception or any unlawful
16        means  in  applying  for  or  securing  a  license  as  a
17        physician assistant.
18             (21)  Exceeding  the  authority  delegated to him or
19        her  by his or her supervising  physician  in  guidelines
20        established by the physician/physician assistant team.
21             (22)  Immoral  conduct in the commission of any act,
22        such  as  sexual  abuse,  sexual  misconduct  or   sexual
23        exploitation related to the licensee's practice.
24             (23)  Violation    of   the   Health   Care   Worker
25        Self-Referral Act.
26             (24)  Practicing under  a  false  or  assumed  name,
27        except as provided by law.
28             (25)  Making   a   false   or  misleading  statement
29        regarding his or her skill or the efficacy  or  value  of
30        the  medicine,  treatment, or remedy prescribed by him or
31        her in the course of treatment.
32             (26)  Allowing another person  to  use  his  or  her
33        license to practice.
34             (27)  Prescribing,      selling,      administering,
 
                            -131-              LRB9215313ACcd
 1        distributing,   giving,   or  self-administering  a  drug
 2        classified as a controlled substance (designated product)
 3        or narcotic for other than medically-accepted therapeutic
 4        purposes.
 5             (28)  Promotion  of  the  sale  of  drugs,  devices,
 6        appliances, or goods provided for a patient in  a  manner
 7        to exploit the patient for financial gain.
 8             (29)  A  pattern  of practice or other behavior that
 9        demonstrates incapacity or incompetence to practice under
10        this Act.
11             (30)  Violating State or federal laws or regulations
12        relating to controlled substances.
13             (31)  Exceeding the limited  prescriptive  authority
14        delegated  by  the supervising physician or violating the
15        written guidelines delegating that authority.
16             (32)  Practicing without providing to the Department
17        a notice of supervision  or  delegation  of  prescriptive
18        authority.
19             (33)  Failing   to   comply   with   the  terms  and
20        conditions   of   an   agreement   with   the    Impaired
21        Professionals  Assistance  System  or other such approved
22        treatment program.
23        (b)  The Department may refuse to issue  or  may  suspend
24    the  license  of any person who fails to file a return, or to
25    pay the tax, penalty or interest shown in a filed return,  or
26    to  pay any final assessment of the tax, penalty, or interest
27    as required by any  tax  Act  administered  by  the  Illinois
28    Department of Revenue, until such time as the requirements of
29    any such tax Act are satisfied.
30        (c)  The determination by a circuit court that a licensee
31    is  subject to involuntary admission or judicial admission as
32    provided in the Mental Health and Developmental  Disabilities
33    Code operates as an automatic suspension. The suspension will
34    end  only  upon  a  finding by a court that the patient is no
 
                            -132-              LRB9215313ACcd
 1    longer subject to involuntary admission or judicial admission
 2    and issues an order so finding and discharging  the  patient,
 3    and  upon the recommendation of the Disciplinary Board to the
 4    Director that the licensee be allowed to resume  his  or  her
 5    practice.
 6        (d)  In  enforcing  this  Section,  the Department upon a
 7    showing of a possible  violation  may  compel  an  individual
 8    licensed  to  practice under this Act, or who has applied for
 9    licensure under this Act, to submit to a mental  or  physical
10    examination,  or  both,  as required by and at the expense of
11    the  Department.  The  Department  may  order  the  examining
12    physician to  present  testimony  concerning  the  mental  or
13    physical   examination  of  the  licensee  or  applicant.  No
14    information shall be excluded by reason of any common law  or
15    statutory  privilege  relating  to communications between the
16    licensee  or  applicant  and  the  examining  physician.  The
17    examining physicians shall be specifically designated by  the
18    Department. The individual to be examined may have, at his or
19    her  own  expense,  another  physician  of  his or her choice
20    present during all aspects of this examination.   Failure  of
21    an  individual to submit to a mental or physical examination,
22    when directed, shall be grounds for suspension of his or  her
23    license  until  the  individual submits to the examination if
24    the Department finds, after  notice  and  hearing,  that  the
25    refusal  to  submit to the examination was without reasonable
26    cause.
27        If  the  Department  determines  that  an  applicant   or
28    licensee  is  unable  to  practice because of the reasons set
29    forth in this Section,  the  Department  may  discipline  the
30    licensee  or  require the applicant or licensee to enter into
31    an agreement of care,  counseling,  and  treatment  with  the
32    Department to enroll and participate in an approved treatment
33    program   in   accordance  with  the  Impaired  Professionals
34    Assistance  System,  subject  to  terms  and  conditions  the
 
                            -133-              LRB9215313ACcd
 1    Department deems appropriate.  If  the  Department  finds  an
 2    individual  unable  to  practice  because  of the reasons set
 3    forth in  this  Section,  the  Department  may  require  that
 4    individual  to  submit  to  care, counseling, or treatment by
 5    physicians approved or designated by  the  Department,  as  a
 6    condition, term, or restriction for continued, reinstated, or
 7    renewed   licensure   to  practice;  or,  in  lieu  of  care,
 8    counseling, or treatment, the Department may file a complaint
 9    to immediately suspend, revoke, or otherwise  discipline  the
10    license  of  the  individual. An individual whose license was
11    granted,  continued,  reinstated,  renewed,  disciplined,  or
12    supervised   subject   to   such   terms,   conditions,    or
13    restrictions,  and  who  fails  to  comply  with  such terms,
14    conditions,  or  restrictions,  shall  be  referred  to   the
15    Director  for  a  determination  as to whether the individual
16    shall have his or her license suspended immediately,  pending
17    a hearing by the Department.
18        In instances in which the Director immediately suspends a
19    person's  license  under  this  Section,  a  hearing  on that
20    person's license must be convened by the Department within 15
21    days after the suspension and completed  without  appreciable
22    delay.  The Department shall have the authority to review the
23    subject  individual's  record  of  treatment  and  counseling
24    regarding  the  impairment  to  the   extent   permitted   by
25    applicable  federal statutes and regulations safeguarding the
26    confidentiality of medical records.
27        An individual licensed under this Act and affected  under
28    this  Section shall be afforded an opportunity to demonstrate
29    to the Department that he  or  she  can  resume  practice  in
30    compliance with acceptable and prevailing standards under the
31    provisions of his or her license.
32    (Source: P.A.  90-61,  eff.  12-30-97;  90-116, eff. 7-14-97;
33    90-655, eff. 7-30-98.)
 
                            -134-              LRB9215313ACcd
 1        (225 ILCS 95/21.1 new)
 2        (Section scheduled to be repealed on January 1, 2008)
 3        Sec. 21.1. Reporting requirements. The Department  shall,
 4    by  rule,  provide  for the reporting by all employers to the
 5    Impaired Professionals Assistance System of all instances  in
 6    which  a  person  licensed  under this Act who is impaired by
 7    reason of age, drug or alcohol abuse, or physical  or  mental
 8    impairment,  is  under supervision and, where appropriate, is
 9    in a program of rehabilitation.  Reports  shall  be  strictly
10    confidential  and  may  be  reviewed  and  considered only by
11    authorized Department staff as provided by  rule.  Provisions
12    shall  be  made  for the periodic report of the status of any
13    such licensee not  less  than  twice  annually  so  that  the
14    Department  shall  have  current  information  upon  which to
15    determine the status  of  any  such  licensee.   Initial  and
16    periodic   reports   of   impaired  licensees  shall  not  be
17    considered records within the meaning of  the  State  Records
18    Act  and  shall  be disposed of, following a determination by
19    the Department that such reports are no longer required, in a
20    manner and at such time as the Department shall determine  by
21    rule.

22        Section  80.  The  Podiatric Medical Practice Act of 1987
23    is amended by changing Sections 5 and 24 and  adding  Section
24    24.1 as follows:

25        (225 ILCS 100/5) (from Ch. 111, par. 4805)
26        (Section scheduled to be repealed on January 1, 2008)
27        Sec. 5.  Definitions.  As used in this Act:
28        (A)  "Department"  means  the  Department of Professional
29    Regulation.
30        (B)  "Director"  means  the  Director   of   Professional
31    Regulation.
32        (C)  "Board"  means the Podiatric Medical Licensing Board
 
                            -135-              LRB9215313ACcd
 1    appointed by the Director.
 2        (D)  "Podiatric   medicine"   or"podiatry"   means    the
 3    diagnosis,  medical,  physical,  or surgical treatment of the
 4    ailments  of  the  human   foot   with   the   exception   of
 5    administration  of  general anesthetics and the amputation of
 6    the human foot. For the  purposes  of  this  Act,  the  terms
 7    podiatric  medicine,  podiatry  and  chiropody  have the same
 8    definition.
 9        (E)  "Human foot" means the ankle and soft  tissue  which
10    insert into the foot as well as the foot.
11        (F)  "Podiatric  physician" means a physician licensed to
12    practice podiatric medicine.
13        (G)  "Postgraduate training" means  a  minimum  one  year
14    postdoctoral structured and supervised educational experience
15    approved by the Council on Podiatric Medical Education of the
16    American   Podiatric   Medical   Association  which  includes
17    residencies and preceptorships.
18        (H)  "Impaired" means  the  inability  to  practice  with
19    reasonable  skill  and  safety  due  to  physical  or  mental
20    disabilities  as  evidenced  by  a  written  determination or
21    written  consent  based  on  clinical   evidence,   including
22    deterioration  through  the  aging  process  or loss of motor
23    skill, abuse of drugs or alcohol, or a psychiatric  disorder,
24    of  sufficient  degree  to  diminish  the person?s ability to
25    deliver competent patient care.
26        (I)  "Impaired Professionals Assistance System" means the
27    program established  by  Section  16  of  the  Department  of
28    Professional Regulation Law (20 ILCS 2105/2105-16).
29        (J)  "Program  of care, counseling, or treatment" means a
30    written agreement between the Department and an applicant  or
31    licensee  requiring that the applicant or licensee enroll and
32    participate  in  a  treatment   program   approved   by   the
33    Department.   The   agreement  may  also  specify  terms  and
34    conditions deemed appropriate by the Board.
 
                            -136-              LRB9215313ACcd
 1    (Source: P.A. 90-76, eff. 12-30-97.)

 2        (225 ILCS 100/24) (from Ch. 111, par. 4824)
 3        (Section scheduled to be repealed on January 1, 2008)
 4        Sec. 24. Refusal to issue or suspension or revocation  of
 5    license;  grounds.   The  Department may refuse to issue, may
 6    refuse to renew, may refuse to restore, may suspend,  or  may
 7    revoke  any  license, or may place on probation, reprimand or
 8    take other disciplinary action as  the  Department  may  deem
 9    proper,  including  fines  not  to  exceed  $5,000  for  each
10    violation  upon anyone licensed under this Act for any of the
11    following reasons:
12        (1)  Making  a  material   misstatement   in   furnishing
13    information to the Department.
14        (2)  Violations   of   this  Act,  or  of  the  rules  or
15    regulations promulgated hereunder.
16        (3)  Conviction of any crime under the laws of any United
17    States jurisdiction that is a felony  or  a  misdemeanor,  of
18    which  an  essential  element  is dishonesty, or of any crime
19    that is directly related to the practice of the profession.
20        (4)  Making any  misrepresentation  for  the  purpose  of
21    obtaining licenses, or violating any provision of this Act or
22    the rules promulgated thereunder pertaining to advertising.
23        (5)  Professional incompetence.
24        (6)  Gross or repeated malpractice or negligence.
25        (7)  Aiding  or assisting another person in violating any
26    provision of this Act or rules.
27        (8)  Failing, within 60 days, to provide  information  in
28    response to a written request made by the Department.
29        (9)  Engaging     in     dishonorable,    unethical    or
30    unprofessional conduct of  a  character  likely  to  deceive,
31    defraud or harm the public.
32        (10)  Habitual  or  excessive  use of alcohol, narcotics,
33    stimulants or other chemical agent or drug  that  results  in
 
                            -137-              LRB9215313ACcd
 1    the  inability to practice podiatric medicine with reasonable
 2    judgment, skill or safety.
 3        (11)  Discipline by another United States jurisdiction if
 4    at least one of the grounds for the discipline is the same or
 5    substantially equivalent to those set forth in this Section.
 6        (12)  Directly or indirectly giving to or receiving  from
 7    any person, firm, corporation, partnership or association any
 8    fee, commission, rebate or other form of compensation for any
 9    professional  services  not  actually or personally rendered.
10    This  shall  not  be  deemed  to  include   rent   or   other
11    remunerations   paid   to   an  individual,  partnership,  or
12    corporation, by a licensee, for the lease, rental or  use  of
13    space, owned or controlled, by the individual, partnership or
14    corporation.
15        (13)  A  finding by the Podiatric Medical Licensing Board
16    that the licensee, after having his or her license placed  on
17    probationary status, has violated the terms of probation.
18        (14)  Abandonment of a patient.
19        (15)  Willfully making or filing false records or reports
20    in  his  or  her practice, including but not limited to false
21    records filed with state agencies or departments.
22        (16)  Willfully  failing  to  report   an   instance   of
23    suspected  child  abuse  or neglect as required by the Abused
24    and Neglected Child Report Act.
25        (17)  Physical illness, including  but  not  limited  to,
26    deterioration  through  the  aging  process, or loss of motor
27    skill  that  results  in  the  inability  to   practice   the
28    profession with reasonable judgment, skill or safety.
29        (18)  Solicitation  of  professional  services other than
30    permitted advertising.
31        (19)  The  determination  by  a  circuit  court  that   a
32    licensed   podiatric  physician  is  subject  to  involuntary
33    admission or judicial admission as  provided  in  the  Mental
34    Health  and  Developmental  Disabilities  Code operates as an
 
                            -138-              LRB9215313ACcd
 1    automatic suspension. Such suspension will end  only  upon  a
 2    finding  by  a court that the patient is no longer subject to
 3    involuntary admission or judicial  admission  and  issues  an
 4    order  so  finding  and discharging the patient; and upon the
 5    recommendation of the Podiatric Medical  Licensing  Board  to
 6    the  Director  that  the licensee be allowed to resume his or
 7    her practice.
 8        (20)  Holding oneself out to treat human  ailments  under
 9    any  name  other than his or her own, or the impersonation of
10    any other physician.
11        (21)  Revocation or suspension or other action taken with
12    respect  to  a   podiatric   medical   license   in   another
13    jurisdiction  that would constitute disciplinary action under
14    this Act.
15        (22)  Promotion of the sale of drugs, devices, appliances
16    or goods provided for a patient in such manner as to  exploit
17    the patient for financial gain of the podiatric physician.
18        (23)  Gross,  willful,  and  continued  overcharging  for
19    professional  services  including filing false statements for
20    collection of fees for those  services,  including,  but  not
21    limited  to,  filing false statement for collection of monies
22    for services not rendered from the medical assistance program
23    of the Department of Public Aid under the Illinois Public Aid
24    Code or other private or public third party payor.
25        (24)  Being named as a perpetrator in an indicated report
26    by the Department of Children and Family Services  under  the
27    Abused  and  Neglected Child Reporting Act, and upon proof by
28    clear and convincing evidence that the licensee has caused  a
29    child  to be an abused child or neglected child as defined in
30    the Abused and Neglected Child Reporting Act.
31        (25)  Willfully making or filing false records or reports
32    in the practice of podiatric  medicine,  including,  but  not
33    limited  to,  false  records  to  support  claims against the
34    medical assistance program of the Department  of  Public  Aid
 
                            -139-              LRB9215313ACcd
 1    under the Illinois Public Aid Code.
 2        (26)  Mental  illness  or  disability that results in the
 3    inability to practice  with  reasonable  judgment,  skill  or
 4    safety.
 5        (27)  Immoral  conduct  in  the  commission  of  any  act
 6    including,   sexual   abuse,  sexual  misconduct,  or  sexual
 7    exploitation, related to the licensee's practice.
 8        (28)  Violation of the Health Care  Worker  Self-Referral
 9    Act.
10        (29)  Failure  to  report  to  the Department any adverse
11    final action taken against him or her  by  another  licensing
12    jurisdiction  (another  state  or  a  territory of the United
13    States or a foreign state or country) by a peer review  body,
14    by  any health care institution, by a professional society or
15    association  related  to  practice  under  this  Act,  by   a
16    governmental  agency,  by  a  law enforcement agency, or by a
17    court for acts or conduct similar to  acts  or  conduct  that
18    would  constitute  grounds  for  action  as  defined  in this
19    Section.
20        (30)  Failure to comply with the terms and conditions  of
21    an  agreement  with  the  Impaired  Professionals  Assistance
22    System or other such approved treatment program.
23        The  Department  may  refuse  to issue or may suspend the
24    license of any person who fails to file a return, or  to  pay
25    the  tax,  penalty or interest shown in a filed return, or to
26    pay any final assessment of  tax,  penalty  or  interest,  as
27    required   by  any  tax  Act  administered  by  the  Illinois
28    Department of Revenue, until such time as the requirements of
29    any such tax Act are satisfied.
30        Upon  receipt  of  a  written  communication   from   the
31    Secretary  of  Human Services, the Director of Public Aid, or
32    the Director of Public Health that continuation  of  practice
33    of  a person licensed under this Act constitutes an immediate
34    danger to the public, the Director  may  immediately  suspend
 
                            -140-              LRB9215313ACcd
 1    the  license  of such person without a hearing.  In instances
 2    in which the Director immediately suspends  a  license  under
 3    this  Section,  a  hearing upon such person's license must be
 4    convened by the Board within 15 days  after  such  suspension
 5    and completed without appreciable delay, such hearing held to
 6    determine  whether  to  recommend  to  the  Director that the
 7    person's   license   be   revoked,   suspended,   placed   on
 8    probationary status or reinstated, or such person be  subject
 9    to  other  disciplinary action.  In such hearing, the written
10    communication and any other evidence submitted therewith  may
11    be  introduced  as  evidence  against  such person; provided,
12    however, the person or his counsel shall have the opportunity
13    to discredit or impeach such  evidence  and  submit  evidence
14    rebutting the same.
15        All proceedings to suspend, revoke, place on probationary
16    status,   or  take  any  other  disciplinary  action  as  the
17    Department may deem proper, with regard to a license  on  any
18    of  the  foregoing  grounds, must be commenced within 3 years
19    after receipt by the Department of a complaint  alleging  the
20    commission  of  or  notice of the conviction order for any of
21    the acts described in  this  Section.  Except  for  fraud  in
22    procuring a license, no action shall be commenced more than 5
23    years  after  the date of the incident or act alleged to have
24    been a violation  of  this  Section.  In  the  event  of  the
25    settlement  of  any  claim or cause of action in favor of the
26    claimant or the reduction to  final  judgment  of  any  civil
27    action  in  favor  of  the  plaintiff,  such  claim, cause of
28    action, or civil action being grounded on the allegation that
29    a person licensed under this Act was negligent  in  providing
30    care,  the  Department shall have an additional period of one
31    year from the date of notification to  the  Department  under
32    Section  26  of this Act of such settlement or final judgment
33    in which to  investigate  and  commence  formal  disciplinary
34    proceedings under Section 24 of this Act, except as otherwise
 
                            -141-              LRB9215313ACcd
 1    provided  by  law.  The  time  during which the holder of the
 2    license was outside  the  State  of  Illinois  shall  not  be
 3    included  within any period of time limiting the commencement
 4    of disciplinary action by the Department.
 5        In enforcing this Section, the Department or Board upon a
 6    showing of a possible  violation  may  compel  an  individual
 7    licensed  to  practice under this Act, or who has applied for
 8    licensure under this Act, to submit to a mental  or  physical
 9    examination,  or  both,  as required by and at the expense of
10    the  Department.  The  Department  or  Board  may  order  the
11    examining  physician  to  present  testimony  concerning  the
12    mental or physical examination of the licensee or  applicant.
13    No  information shall be excluded by reason of any common law
14    or statutory privilege relating to communications between the
15    licensee  or  applicant  and  the  examining  physician.  The
16    examining physicians shall be specifically designated by  the
17    Board  or Department. The individual to be examined may have,
18    at his or her own expense, another physician of  his  or  her
19    choice  present  during  all  aspects  of  this  examination.
20    Failure  of  an  individual to submit to a mental or physical
21    examination, when directed, shall be grounds  for  suspension
22    of  his  or  her  license until the individual submits to the
23    examination  if  the  Department  finds,  after  notice   and
24    hearing,  that  the  refusal to submit to the examination was
25    without reasonable cause.
26        If the Department or Board determines that  an  applicant
27    or  licensee is unable to practice because of the reasons set
28    forth in this Section, the Department or Board may discipline
29    the licensee or require the applicant or  licensee  to  enter
30    into an agreement of care, counseling, and treatment with the
31    Department  or Board to enroll and participate in an approved
32    treatment   program   in   accordance   with   the   Impaired
33    Professionals  Assistance  System,  subject  to   terms   and
34    conditions the Department or Board deems appropriate.
 
                            -142-              LRB9215313ACcd
 1        If  the Department or Board finds an individual unable to
 2    practice because of the reasons set forth  in  this  Section,
 3    the Department or Board may require that individual to submit
 4    to  care,  counseling, or treatment by physicians approved or
 5    designated by the Department or Board, as a condition,  term,
 6    or   restriction   for   continued,  reinstated,  or  renewed
 7    licensure to practice; or, in lieu of  care,  counseling,  or
 8    treatment,   the  Department  may  file,  or  the  Board  may
 9    recommend  to  the  Department  to  file,  a   complaint   to
10    immediately  suspend,  revoke,  or  otherwise  discipline the
11    license of the individual. An individual  whose  license  was
12    granted,   continued,  reinstated,  renewed,  disciplined  or
13    supervised   subject   to   such   terms,   conditions,    or
14    restrictions,  and  who  fails  to  comply  with  such terms,
15    conditions,  or  restrictions,  shall  be  referred  to   the
16    Director  for  a  determination  as to whether the individual
17    shall have his or her license suspended immediately,  pending
18    a hearing by the Department.
19        In instances in which the Director immediately suspends a
20    person's  license  under  this  Section,  a  hearing  on that
21    person's license must be convened by the Department within 15
22    days after the suspension and completed  without  appreciable
23    delay.  The  Department and Board shall have the authority to
24    review the  subject  individual's  record  of  treatment  and
25    counseling  regarding  the impairment to the extent permitted
26    by applicable federal statutes and  regulations  safeguarding
27    the confidentiality of medical records.
28        An  individual licensed under this Act and affected under
29    this Section shall be afforded an opportunity to  demonstrate
30    to the Department or Board that he or she can resume practice
31    in  compliance with acceptable and prevailing standards under
32    the provisions of his or her license.
33    (Source: P.A. 89-507, eff. 7-1-97; 90-76, eff. 12-30-97.)
 
                            -143-              LRB9215313ACcd
 1        (225 ILCS 100/24.1 new)
 2        (Section scheduled to be repealed on January 1, 2008)
 3        Sec. 24.1. Reporting requirements. The Department  shall,
 4    by  rule,  provide  for the reporting by all employers to the
 5    Impaired Professionals Assistance System of all instances  in
 6    which  a  person  licensed  under this Act who is impaired by
 7    reason of age, drug or alcohol abuse, or physical  or  mental
 8    impairment,  is  under supervision and, where appropriate, is
 9    in a program of rehabilitation.  Reports  shall  be  strictly
10    confidential  and  may  be  reviewed  and  considered only by
11    authorized Department staff as provided by  rule.  Provisions
12    shall  be  made  for the periodic report of the status of any
13    such licensee not  less  than  twice  annually  so  that  the
14    Department  shall  have  current  information  upon  which to
15    determine the  status  of  any  such  licensee.  Initial  and
16    periodic   reports   of   impaired  licensees  shall  not  be
17    considered records within the meaning of  the  State  Records
18    Act  and  shall  be disposed of, following a determination by
19    the Department that such reports are no longer required, in a
20    manner and at such time as the Department shall determine  by
21    rule.

22        Section  85.   The  Professional  Counselor  and Clinical
23    Professinal Counselor Licensing Act is  amended  by  changing
24    Sections 10 and 80 and adding Section 81 as follows:

25        (225 ILCS 107/10)
26        (Section scheduled to be repealed on December 31, 2002)
27        Sec. 10.  Definitions. As used in this Act:
28        "Department"   means   the   Department  of  Professional
29    Regulation.
30        "Director" means the Director of Professional Regulation.
31        "Board" means the Professional  Counselor  Licensing  and
32    Disciplinary Board as appointed by the Director.
 
                            -144-              LRB9215313ACcd
 1        "Person"  means  an individual, association, partnership,
 2    or corporation.
 3        "Professional counseling" means the provision of services
 4    to individuals, couples, groups, families, and  organizations
 5    in  any one or more of the fields of professional counseling.
 6    Professional counseling includes, but is not limited to:
 7             (1)  social,  emotional,  educational,  and   career
 8        testing and evaluation;
 9             (2)  a professional relationship between a counselor
10        and  a  client in which the counselor provides assistance
11        in coping with life issues  that  include  relationships,
12        conflicts,   problem   solving,   decision   making,  and
13        developmental concerns; and
14             (3)  research.
15        Professional  counseling  may   also   include   clinical
16    professional  counseling  as  long  as it is not conducted in
17    independent private practice as defined in this Act.
18        "Clinical professional counseling" means the provision of
19    professional counseling and  mental  health  services,  which
20    includes,  but is not limited to, the application of clinical
21    counseling theory and techniques  to  prevent  and  alleviate
22    mental  and  emotional  disorders  and psychopathology and to
23    promote optimal  mental  health,  rehabilitation,  treatment,
24    testing,   assessment,   and  evaluation.  It  also  includes
25    clinical  counseling  and  psychotherapy  in  a  professional
26    relationship  to  assist  individuals,   couples,   families,
27    groups,  and  organizations to alleviate emotional disorders,
28    to  understand  conscious  and  unconscious  motivation,   to
29    resolve  emotional,  relationship, and attitudinal conflicts,
30    and  to  modify  behaviors  that  interfere  with   effective
31    emotional, social, adaptive, and intellectual functioning.
32        "Licensed   professional   counselor"  and  "professional
33    counselor" means a person who holds a license authorizing the
34    practice of professional counseling as defined in this Act.
 
                            -145-              LRB9215313ACcd
 1        "Licensed clinical professional counselor"  and "clinical
 2    professional counselor" means a person who  holds  a  license
 3    authorizing the independent practice of clinical professional
 4    counseling in private practice as defined in this Act.
 5        "Independent  private  practice  of clinical professional
 6    counseling" means the application  of  clinical  professional
 7    counseling  knowledge  and  skills  by  a  licensed  clinical
 8    professional  counselor  who (i) regulates and is responsible
 9    for her or his own practice or treatment procedures and  (ii)
10    is  self-employed or works in a group practice or setting not
11    qualified under Internal Revenue  Service  regulations  as  a
12    not-for-profit business.
13        "Supervision"  means  review of aspects of counseling and
14    case management in a face-to-face  meeting  with  the  person
15    under supervision.
16        "Qualified supervisor" means any person who is a licensed
17    clinical  professional  counselor,  licensed  clinical social
18    worker,  licensed  clinical  psychologist,  psychiatrist   as
19    defined   in   Section   1-121   of  the  Mental  Health  and
20    Developmental  Disabilities  Code,  or  other  supervisor  as
21    defined by rule. A qualified supervisor may  be  provided  at
22    the  applicant's  place  of  work,  or  may  be  hired by the
23    applicant to provide supervision.
24        "License"  means  that  which  is  required  to  practice
25    professional counseling or clinical  professional  counseling
26    as defined in this Act.
27        "Impaired"   means   the   inability   to  practice  with
28    reasonable  skill  and  safety  due  to  physical  or  mental
29    disabilities as  evidenced  by  a  written  determination  or
30    written   consent   based  on  clinical  evidence,  including
31    deterioration through the aging  process  or  loss  of  motor
32    skill,  abuse of drugs or alcohol, or a psychiatric disorder,
33    of sufficient degree to  diminish  the  person?s  ability  to
34    deliver competent patient care.
 
                            -146-              LRB9215313ACcd
 1        "Impaired  Professionals  Assistance  System"  means  the
 2    program  established  by  Section  16  of  the  Department of
 3    Professional Regulation Law (20 ILCS 2105/2105-16).
 4        "Program of  care,  counseling,  or  treatment"  means  a
 5    written  agreement between the Department and an applicant or
 6    licensee requiring that the applicant or licensee enroll  and
 7    participate   in   a   treatment   program  approved  by  the
 8    Department.  The  agreement  may  also  specify   terms   and
 9    conditions deemed appropriate by the Board.
10    (Source: P.A. 87-1011; 87-1269.)

11        (225 ILCS 107/80)
12        (Section scheduled to be repealed on December 31, 2002)
13        Sec. 80.  Grounds for discipline.
14        (a)  The  Department  may  refuse to issue, renew, or may
15    revoke, suspend, place on probation, reprimand, or take other
16    disciplinary action  as  the  Department  deems  appropriate,
17    including  the issuance of fines not to exceed $1000 for each
18    violation, with regard to any license for any one or more  of
19    the following:
20             (1)  Material misstatement in furnishing information
21        to the Department or to any other State agency.
22             (2)  Violations    or   negligent   or   intentional
23        disregard of this Act, or any of its rules.
24             (3)  Conviction of any crime under the laws  of  the
25        United States or any state or territory thereof that is a
26        felony, or that is a misdemeanor, an essential element of
27        which  is  dishonesty,  or of any crime which is directly
28        related to the practice of the profession.
29             (4)  Making any misrepresentation for the purpose of
30        obtaining a license, or violating any provision  of  this
31        Act or its rules.
32             (5)  Professional  incompetence  or gross negligence
33        in the rendering of professional counseling  or  clinical
 
                            -147-              LRB9215313ACcd
 1        professional counseling services.
 2             (6)  Malpractice.
 3             (7)  Aiding or assisting another person in violating
 4        any provision of this Act or any rules.
 5             (8)  Failing  to  provide information within 60 days
 6        in response to a written request made by the Department.
 7             (9)  Engaging   in   dishonorable,   unethical,   or
 8        unprofessional conduct of a character likely to  deceive,
 9        defraud,  or  harm  the public and violating the rules of
10        professional conduct adopted by the Department.
11             (10)  Habitual or  excessive  use  or  addiction  to
12        alcohol,  narcotics,  stimulants,  or  any other chemical
13        agent or drug which results in inability to practice with
14        reasonable skill, judgment, or safety.
15             (11)  Discipline  by  another  jurisdiction,  if  at
16        least one of the grounds for the discipline is  the  same
17        or  substantially  equivalent  to those set forth in this
18        Section.
19             (12)  Directly or indirectly giving to or  receiving
20        from   any  person,  firm,  corporation,  partnership  or
21        association any fee, commission, rebate or other form  of
22        compensation  for  any  professional service not actually
23        rendered.
24             (13)  A finding by  the  Board  that  the  licensee,
25        after  having  the license placed on probationary status,
26        has violated the terms of probation.
27             (14)  Abandonment of a client.
28             (15)  Willfully filing false reports relating  to  a
29        licensee's  practice,  including but not limited to false
30        records  filed  with  federal  or   State   agencies   or
31        departments.
32             (16)  Willfully  failing  to  report  an instance of
33        suspected child abuse  or  neglect  as  required  by  the
34        Abused and Neglected Child Reporting Act.
 
                            -148-              LRB9215313ACcd
 1             (17)  Being  named  as a perpetrator in an indicated
 2        report by the Department of Children and Family  Services
 3        pursuant to the Abused and Neglected Child Reporting Act,
 4        and  upon proof by clear and convincing evidence that the
 5        licensee has caused a child to  be  an  abused  child  or
 6        neglected  child  as  defined in the Abused and Neglected
 7        Child Reporting Act.
 8             (18)  Physical  or  mental   disability,   including
 9        deterioration  through  the  aging  process  or  loss  of
10        abilities  and  skills  which results in the inability to
11        practice the profession with reasonable judgment,  skill,
12        or safety.
13             (19)  Solicitation of professional services by using
14        false or misleading advertising.
15             (20)  Failure  to  file a return, or to pay the tax,
16        penalty or interest shown in a filed return,  or  to  pay
17        any  final  assessment  of  tax,  penalty or interest, as
18        required by any tax  Act  administered  by  the  Illinois
19        Department  of  Revenue  or  any  successor agency or the
20        Internal Revenue Service or any successor agency.
21             (21)  A finding that licensure has been applied  for
22        or obtained by fraudulent means.
23             (22)  Practicing  or  attempting to practice under a
24        name other than the full name as shown on the license  or
25        any other legally authorized name.
26             (23)  Gross  overcharging  for professional services
27        including filing statements for  collection  of  fees  or
28        monies for which services are not rendered.
29             (24)  Failure   to   comply   with   the  terms  and
30        conditions   of   an   agreement   with   the    Impaired
31        Professionals  Assistance  System  or other such approved
32        treatment program.
33        (b)  The Department  shall  deny,  without  hearing,  any
34    application  or  renewal  for a license under this Act to any
 
                            -149-              LRB9215313ACcd
 1    person who has defaulted on an educational loan guaranteed by
 2    the  Illinois  State  Assistance  Commission;  however,   the
 3    Department  may  issue  a license or renewal if the person in
 4    default has established a satisfactory  repayment  record  as
 5    determined by the Illinois Student Assistance Commission.
 6        (c)  The  determination  by  a  court  that a licensee is
 7    subject to involuntary admission  or  judicial  admission  as
 8    provided  in the Mental Health and Developmental Disabilities
 9    Code will result in an automatic suspension  of  his  or  her
10    license.   The  suspension will end upon a finding by a court
11    that  the  licensee  is  no  longer  subject  to  involuntary
12    admission or judicial admission, the issuance of an order  so
13    finding  and  discharging the patient, and the recommendation
14    of the Board to the Director that the licensee be allowed  to
15    resume professional practice.
16        (d)  In  enforcing  this  Section,  the Department upon a
17    showing of a possible  violation  may  compel  an  individual
18    licensed  to  practice  under this Act or who has applied for
19    licensure pursuant to this Act  to  submit  to  a  mental  or
20    physical  examination,  or  both,  as  required by and at the
21    expense  of  the  Department.  The  examining  physicians  or
22    clinical psychologists shall be those specifically designated
23    by the Department. The individual to be examined may have, at
24    his  or  her  own  expense,  another  physician  or  clinical
25    psychologist of his or her choice present during all  aspects
26    of this examination. Failure of any individual to submit to a
27    mental or physical examination when directed shall be grounds
28    for  suspension  of  his  or her license until the individual
29    submits to the examination if  the  Department  finds,  after
30    notice  and  hearing,  that  the  refusal  to  submit  to the
31    examination was without reasonable cause.
32        If  the  Department  determines  that  an  applicant   or
33    licensee  is  unable  to  practice because of the reasons set
34    forth in this Section,  the  Department  may  discipline  the
 
                            -150-              LRB9215313ACcd
 1    licensee  or  require the applicant or licensee to enter into
 2    an agreement of care,  counseling,  and  treatment  with  the
 3    Department to enroll and participate in an approved treatment
 4    program   in   accordance  with  the  Impaired  Professionals
 5    Assistance  System,  subject  to  terms  and  conditions  the
 6    Department deems appropriate.
 7        An  individual  whose  license  was  granted,  continued,
 8    reinstated, renewed, disciplined, or  supervised  subject  to
 9    such  terms,  conditions,  or  restrictions  and who fails to
10    comply with such terms, conditions, or restrictions shall  be
11    referred  to  the  Director for a determination as to whether
12    the individual  shall  have  his  or  her  license  suspended
13    immediately, pending a hearing by the Department.
14        In instances in which the Director immediately suspends a
15    person's  license  under  this  Section,  a  hearing  on that
16    person's license must be convened by the Department within 15
17    days after the suspension and completed  without  appreciable
18    delay.  The Department shall have the authority to review the
19    subject  individual's  record  of  treatment  and  counseling
20    regarding  the  impairment  to  the   extent   permitted   by
21    applicable  federal statutes and regulations safeguarding the
22    confidentiality of medical records.
23        An individual licensed under this Act and affected  under
24    this  Section shall be afforded an opportunity to demonstrate
25    to the Department that he  or  she  can  resume  practice  in
26    compliance with acceptable and prevailing standards under the
27    provisions of his or her license.
28    (Source: P.A. 87-1011; 87-1269.)

29        (225 ILCS 107/81 new)
30        (Section scheduled to be repealed on December 31, 2002)
31        Sec. 81. Reporting requirements. The Department shall, by
32    rule,  provide  for  the  reporting  by  all employers to the
33    Impaired Professionals Assistance System of all instances  in
 
                            -151-              LRB9215313ACcd
 1    which  a  person  licensed  under this Act who is impaired by
 2    reason of age, drug or alcohol abuse, or physical  or  mental
 3    impairment,  is  under supervision and, where appropriate, is
 4    in a program of rehabilitation.  Reports  shall  be  strictly
 5    confidential  and  may  be  reviewed  and  considered only by
 6    authorized Department staff as provided by  rule.  Provisions
 7    shall  be  made  for the periodic report of the status of any
 8    such licensee not  less  than  twice  annually  so  that  the
 9    Department  shall  have  current  information  upon  which to
10    determine the status  of  any  such  licensee.   Initial  and
11    periodic   reports   of   impaired  licensees  shall  not  be
12    considered records within the meaning of  the  State  Records
13    Act  and  shall  be disposed of, following a determination by
14    the Department that such reports are no longer required, in a
15    manner and at such time as the Department shall determine  by
16    rule.

17        Section 90.  The Veterinary Medicine and Surgery Practice
18    Act  of  1994 is amended by changing Sections 24.1 and 25 and
19    adding Section 24.2 as follows:

20        (225 ILCS 115/24.1)
21        (Section scheduled to be repealed on January 1, 2004)
22        Sec.    24.1.  Impaired     veterinarians.      "Impaired
23    veterinarian"  means a veterinarian who is unable to practice
24    veterinary medicine with reasonable skill and safety  because
25    of  a physical or mental disability as evidenced by a written
26    determination or written consent based on clinical  evidence,
27    including  deterioration  through  the aging process, loss of
28    motor skills, or abuse of drugs or  alcohol,  or  psychiatric
29    disorder  of sufficient degree to diminish a person's ability
30    to deliver competent patient care.
31        "Impaired  veterinarian  technician"  means  a  certified
32    veterinarian technician who is unable to practice  veterinary
 
                            -152-              LRB9215313ACcd
 1    medicine  with reasonable skill and safety due to physical or
 2    mental disabilities as evidenced by a  written  determination
 3    or  written  consent  based  on  clinical evidence, including
 4    deterioration through the aging  process  or  loss  of  motor
 5    skill,  abuse of drugs or alcohol, or a psychiatric disorder,
 6    of sufficient degree to  diminish  the  person's  ability  to
 7    deliver competent patient care.
 8        The Department shall establish by rule a program of care,
 9    counseling, or treatment for the impaired veterinarian.
10        "Program  of  care,  counseling,  or  treatment"  means a
11    written agreement between the Department and an applicant  or
12    licensee  requiring that the applicant or licensee enroll and
13    participate  in  a  treatment   program   approved   by   the
14    Department.   The   agreement  may  also  specify  terms  and
15    conditions  deemed  appropriate  by  the  Board  schedule  of
16    organized  treatment,  care,   counseling,   activities,   or
17    education satisfactory to the Board, designed for the purpose
18    of  restoring  an  impaired person to a condition whereby the
19    impaired  person  can  practice  veterinary   medicine   with
20    reasonable skill and safety of a sufficient degree to deliver
21    competent patient care.
22        "Impaired  Professionals  Assistance  System"  means  the
23    program  established  by  Section  16  of  the  Department of
24    Professional Regulation Law (20 ILCS 2105/2105-16).
25    (Source: P.A. 88-424.)

26        (225 ILCS 115/24.2 new)
27        (Section scheduled to be repealed on January 1, 2004)
28        Sec. 24.2.  Reporting requirements. The Department shall,
29    by rule, provide for the reporting by all  employers  to  the
30    Impaired  Professionals Assistance System of all instances in
31    which a person licensed under this Act  who  is  impaired  by
32    reason  of  age, drug or alcohol abuse, or physical or mental
33    impairment, is under supervision and, where  appropriate,  is
 
                            -153-              LRB9215313ACcd
 1    in  a  program  of  rehabilitation. Reports shall be strictly
 2    confidential and may  be  reviewed  and  considered  only  by
 3    authorized  Department  staff as provided by rule. Provisions
 4    shall be made for the periodic report of the  status  of  any
 5    such  licensee  not  less  than  twice  annually  so that the
 6    Department shall  have  current  information  upon  which  to
 7    determine  the  status  of  any  such  licensee.  Initial and
 8    periodic  reports  of  impaired  licensees   shall   not   be
 9    considered  records  within  the meaning of the State Records
10    Act and shall be disposed of, following  a  determination  by
11    the Department that such reports are no longer required, in a
12    manner  and at such time as the Department shall determine by
13    rule.

14        (225 ILCS 115/25) (from Ch. 111, par. 7025)
15        (Section scheduled to be repealed on January 1, 2004)
16        Sec. 25.  Disciplinary actions.
17        1.  The Department may refuse to issue or renew,  or  may
18    revoke, suspend, place on probation, reprimand, or take other
19    disciplinary  action  as the Department may deem appropriate,
20    including fines not to exceed $1,000 for each violation, with
21    regard  to  any  license  or  certificate  for  any  one   or
22    combination of the following:
23             A.  Material  misstatement in furnishing information
24        to the Department.
25             B.  Violations  of  this  Act,  or  of   the   rules
26        promulgated under this Act.
27             C.  Conviction  of  any  crime under the laws of the
28        United States or any state or  territory  of  the  United
29        States  that  is  a  felony  or that is a misdemeanor, an
30        essential  element of which  is  dishonesty,  or  of  any
31        crime  that  is  directly  related to the practice of the
32        profession.
33             D.  Making any misrepresentation for the purpose  of
 
                            -154-              LRB9215313ACcd
 1        obtaining  licensure  or  certification, or violating any
 2        provision of this Act or the rules promulgated under this
 3        Act pertaining to advertising.
 4             E.  Professional incompetence.
 5             F.  Gross malpractice.
 6             G.  Aiding or assisting another person in  violating
 7        any provision of this Act or rules.
 8             H.  Failing,  within 60 days, to provide information
 9        in response to a written request made by the Department.
10             I.  Engaging   in   dishonorable,   unethical,    or
11        unprofessional  conduct of a character likely to deceive,
12        defraud or harm the public.
13             J.  Habitual  or  excessive  use  or  addiction   to
14        alcohol,  narcotics,  stimulants,  or  any other chemical
15        agent or drug that results in the inability  to  practice
16        with reasonable judgment, skill, or safety.
17             K.  Discipline   by   another   state,  District  of
18        Columbia, territory, or foreign nation, if at  least  one
19        of  the  grounds  for  the  discipline  is  the  same  or
20        substantially equivalent to those set forth herein.
21             L.  Directly  or  indirectly  giving to or receiving
22        from  any  person,  firm,  corporation,  partnership   or
23        association  any fee, commission, rebate or other form of
24        compensation for professional services  not  actually  or
25        personally rendered.
26             M.  A  finding  by  the  Board  that the licensee or
27        certificate  holder,  after   having   his   license   or
28        certificate  placed  on probationary status, has violated
29        the terms of probation.
30             N.  Willfully making  or  filing  false  records  or
31        reports  in  his  practice,  including but not limited to
32        false records filed with State agencies or departments.
33             O.  Physical illness, including but not limited  to,
34        deterioration through the aging process, or loss of motor
 
                            -155-              LRB9215313ACcd
 1        skill  which  results  in  the  inability to practice the
 2        profession with reasonable judgement, skill or safety.
 3             P.  Solicitation of professional services other than
 4        permitted advertising.
 5             Q.  Having professional connection with  or  lending
 6        one's  name,  directly  or  indirectly,  to  any  illegal
 7        practitioner  of  veterinary medicine and surgery and the
 8        various branches thereof.
 9             R.  Conviction of or cash compromise of a charge  or
10        violation  of the Harrison Act or the Illinois Controlled
11        Substances Act, regulating narcotics.
12             S.  Fraud or dishonesty in  applying,  treating,  or
13        reporting on tuberculin or other biological tests.
14             T.  Failing to report, as required by law, or making
15        false report of any contagious or infectious diseases.
16             U.  Fraudulent   use   or   misuse   of  any  health
17        certificate,  shipping  certificate,   brand   inspection
18        certificate,  or  other blank forms used in practice that
19        might  lead  to  the  dissemination  of  disease  or  the
20        transportation of diseased  animals  dead  or  alive;  or
21        dilatory  methods,  willful neglect, or misrepresentation
22        in  the  inspection  of  milk,  meat,  poultry,  and  the
23        by-products thereof.
24             V.  Conviction on a charge of cruelty to animals.
25             W.  Failure to keep one's premises and all equipment
26        therein in a clean and sanitary condition.
27             X.  Failure to provide satisfactory proof of  having
28        participated in approved continuing education programs.
29             Y.  Failure  to (i) file a return, (ii) pay the tax,
30        penalty, or interest shown in a filed  return,  or  (iii)
31        pay any final assessment of tax, penalty, or interest, as
32        required  by  any  tax  Act  administered by the Illinois
33        Department of Revenue, until the requirements of that tax
34        Act are satisfied.
 
                            -156-              LRB9215313ACcd
 1             Z.  Conviction   by   any   court    of    competent
 2        jurisdiction, either within or outside this State, of any
 3        violation of any law governing the practice of veterinary
 4        medicine,    if    the   Department   determines,   after
 5        investigation, that the person has not been  sufficiently
 6        rehabilitated to warrant the public trust.
 7             AA.  Promotion   of  the  sale  of  drugs,  devices,
 8        appliances, or goods provided for a patient in any manner
 9        to  exploit  the  client  for  financial  gain   of   the
10        veterinarian.
11             BB.  Gross,  willful,  or continued overcharging for
12        professional services, including filing false  statements
13        for  collection  of  fees  for  which  services  are  not
14        rendered.
15             CC.  Practicing under a false or, except as provided
16        by law, an assumed name.
17             DD.  Fraud  or misrepresentation in applying for, or
18        procuring, a license under this Act or in connection with
19        applying for renewal of a license under this Act.
20             EE.  Cheating  on  or  attempting  to  subvert   the
21        licensing examination administered under this Act.
22             FF.  Failure to comply with the terms and conditions
23        of  an  agreement   with   the   Impaired   Professionals
24        Assistance   System  or  other  such  approved  treatment
25        program.
26        2.  The determination by a circuit court that a  licensee
27    or  certificate holder is subject to involuntary admission or
28    judicial admission as  provided  in  the  Mental  Health  and
29    Developmental  Disabilities  Code  operates  as  an automatic
30    suspension.  The suspension will end only upon a  finding  by
31    a  court that the patient is no longer subject to involuntary
32    admission or  judicial  admission  and  issues  an  order  so
33    finding   and   discharging   the   patient;   and  upon  the
34    recommendation of the Board to the Director that the licensee
 
                            -157-              LRB9215313ACcd
 1    or certificate holder be allowed to resume his practice.
 2        3.  All  proceedings  to  suspend,   revoke,   place   on
 3    probationary status, or take any other disciplinary action as
 4    the  Department  may deem proper, with regard to a license or
 5    certificate  on  any  of  the  foregoing  grounds,  must   be
 6    commenced within 3 years after receipt by the Department of a
 7    complaint  alleging  the  commission  of  or  notice  of  the
 8    conviction  order  for  any  of  the  acts  described in this
 9    Section.  Except for proceedings brought  for  violations  of
10    items  (CC), (DD), or (EE), no action shall be commenced more
11    than 5 years after the date of the incident or act alleged to
12    have violated this Section.  In the event of  the  settlement
13    of  any  claim or cause of action in favor of the claimant or
14    the reduction to final judgment of any civil action in  favor
15    of the plaintiff, the claim, cause of action, or civil action
16    being  grounded  on  the allegation that a person licensed or
17    certified under this Act was negligent in providing care, the
18    Department shall have an additional period of one  year  from
19    the  date  of  the  settlement  or final judgment in which to
20    investigate and begin formal disciplinary  proceedings  under
21    Section  25.2  of  this  Act, except as otherwise provided by
22    law.  The time during which the  holder  of  the  license  or
23    certificate  was  outside  the State of Illinois shall not be
24    included within any period of time limiting the  commencement
25    of disciplinary action by the Department.
26        In  enforcing this Section, the Department upon a showing
27    of a possible violation may compel an individual licensed  to
28    practice  under  this  Act  or  who has applied for licensure
29    pursuant to this Act  to  submit  to  a  mental  or  physical
30    examination,  or  both,  as required by and at the expense of
31    the  Department.  The  examining   physicians   or   clinical
32    psychologists  shall  be those specifically designated by the
33    Department. The individual to be examined may have, at his or
34    her own expense, another physician or  clinical  psychologist
 
                            -158-              LRB9215313ACcd
 1    of  his  or  her  choice  present  during all aspects of this
 2    examination. Failure of any individual to submit to a  mental
 3    or  physical  examination  when directed shall be grounds for
 4    suspension of his or her license until the individual submits
 5    to the examination if the Department finds, after notice  and
 6    hearing,  that  the  refusal to submit to the examination was
 7    without reasonable cause.
 8        If  the  Department  determines  that  an  applicant   or
 9    licensee  is  unable  to  practice because of the reasons set
10    forth in this Section,  the  Department  may  discipline  the
11    licensee  or  require the applicant or licensee to enter into
12    an agreement of care,  counseling,  and  treatment  with  the
13    Department to enroll and participate in an approved treatment
14    program   in   accordance  with  the  Impaired  Professionals
15    Assistance  System,  subject  to  terms  and  conditions  the
16    Department deems appropriate.
17        An  individual  whose  license  was  granted,  continued,
18    reinstated, renewed, disciplined, or  supervised  subject  to
19    such  terms,  conditions,  or  restrictions  and who fails to
20    comply with such terms, conditions, or restrictions shall  be
21    referred  to  the  Director for a determination as to whether
22    the individual  shall  have  his  or  her  license  suspended
23    immediately, pending a hearing by the Department.
24    (Source: P.A. 88-424.)

25        Section  95.   The  Perfusionist  Practice  is amended by
26    changing Sections 10  and  105  and  adding  Section  106  as
27    follows:

28        (225 ILCS 125/10)
29        (Section scheduled to be repealed on January 1, 2010)
30        Sec. 10.  Definitions.  As used in this Act:
31        "Board" means the Board of Perfusion.
32        "Department"   means   the   Department  of  Professional
 
                            -159-              LRB9215313ACcd
 1    Regulation.
 2        "Director" means the Director of Professional Regulation.
 3        "Extracorporeal circulation" means  the  diversion  of  a
 4    patient's  blood  through  a  heart-lung machine or a similar
 5    device that assumes the functions  of  the  patient's  heart,
 6    lungs, kidney, liver, or other organs.
 7        "Impaired"   means   the   inability   to  practice  with
 8    reasonable  skill  and  safety  due  to  physical  or  mental
 9    disabilities as  evidenced  by  a  written  determination  or
10    written   consent   based  on  clinical  evidence,  including
11    deterioration through the aging  process  or  loss  of  motor
12    skill,  abuse of drugs or alcohol, or a psychiatric disorder,
13    of sufficient degree to  diminish  the  person?s  ability  to
14    deliver competent patient care.
15        "Impaired  Professionals  Assistance  System"  means  the
16    program  established  by  Section  16  of  the  Department of
17    Professional Regulation Law (20 ILCS 2105/2105-16).
18        "New  graduate   perfusionist"   means   a   perfusionist
19    practicing  within  a  period  of  one year since the date of
20    graduation from  a  Commission  on  Accreditation  of  Allied
21    Health  Education  Programs  accredited  perfusion  education
22    program.
23        "Perfusion"   means   the  functions  necessary  for  the
24    support, treatment, measurement, or  supplementation  of  the
25    cardiovascular  systems  or other organs, or a combination of
26    those  functions,  and  to  ensure  the  safe  management  of
27    physiologic  functions  by  monitoring  and   analyzing   the
28    parameters  of  the  systems  under  an  order  and under the
29    supervision of a physician licensed to practice  medicine  in
30    all its branches.
31        "Perfusionist"  means a person, qualified by academic and
32    clinical education, to operate the extracorporeal circulation
33    equipment during any medical situation where it is  necessary
34    to   support   or   replace   a   person's   cardiopulmonary,
 
                            -160-              LRB9215313ACcd
 1    circulatory,  or  respiratory  function.  A  perfusionist  is
 2    responsible  for  the  selection of appropriate equipment and
 3    techniques necessary for support, treatment, measurement,  or
 4    supplementation of the cardiopulmonary and circulatory system
 5    of  a  patient,  including the safe monitoring, analysis, and
 6    treatment of physiologic conditions under an order and  under
 7    the  supervision of a physician licensed to practice medicine
 8    in all its branches and in  coordination  with  a  registered
 9    professional nurse.
10        "Perfusion  protocols"  means  perfusion related policies
11    and protocols developed or  approved  by  a  licensed  health
12    facility   or   a   physician   through   collaboration  with
13    administrators, licensed perfusionists, and other health care
14    professionals.
15        "Physician"  or  "operating  physician"  means  a  person
16    licensed to practice medicine in all of  its  branches  under
17    the Medical Practice Act of 1987.
18        "Program  of  care,  counseling,  or  treatment"  means a
19    written agreement between the Department and an applicant  or
20    licensee  requiring that the applicant or licensee enroll and
21    participate  in  a  treatment   program   approved   by   the
22    Department.   The   agreement  may  also  specify  terms  and
23    conditions deemed appropriate by the Board.
24    (Source: P.A. 91-580, eff. 1-1-00.)

25        (225 ILCS 125/105)
26        (Section scheduled to be repealed on January 1, 2010)
27        Sec. 105. Grounds for disciplinary action.
28        (a)  The  Department  may  refuse  to  issue,  renew,  or
29    restore a license, may revoke or suspend a  license,  or  may
30    place   on  probation,  censure,  reprimand,  or  take  other
31    disciplinary action with regard to a  person  licensed  under
32    this  Act,  including  but  not  limited to the imposition of
33    fines not to exceed $5,000 for each violation, for any one or
 
                            -161-              LRB9215313ACcd
 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 perfusionist.
10             (4)  Making  a  misrepresentation for the purpose of
11        obtaining, renewing, or restoring a license.
12             (5)  Wilfully 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  Board  that  the  licensee,
30        after  having  his  or her license placed on probationary
31        status, has violated the terms of probation.
32             (11)  Wilfully 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.
 
                            -162-              LRB9215313ACcd
 1             (12)  Wilfully  making or signing a false statement,
 2        certificate, or affidavit to induce payment.
 3             (13)  Wilfully 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        perfusionist.
16             (16)  Allowing  another  person  to  use  his or her
17        license to practice.
18             (17)  Failure to report to the  Department  (A)  any
19        adverse  final  action  taken  against  the  licensee  by
20        another  licensing  jurisdiction,  government agency, law
21        enforcement agency, or any court  or  (B)  liability  for
22        conduct  that  would constitute grounds for action as set
23        forth in this Section.
24             (18)  Habitual intoxication or addiction to the  use
25        of drugs.
26             (19)  Physical illness, including but not limited to
27        deterioration  through the aging process or loss of motor
28        skills, which results in the inability  to  practice  the
29        profession   for   which  he  or  she  is  licensed  with
30        reasonable judgment, 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
 
                            -163-              LRB9215313ACcd
 1        limited  to  sexual  abuse,  sexual misconduct, or sexual
 2        exploitation.
 3             (22)  Violation   of   the   Health   Care    Worker
 4        Self-Referral Act.
 5             (23)  Failure   to   comply   with   the  terms  and
 6        conditions   of   an   agreement   with   the    Impaired
 7        Professionals  Assistance  System  or other such approved
 8        treatment program.
 9        (b)  The Department may refuse to issue  or  may  suspend
10    the  license  of  a person who fails to file a return, to pay
11    the tax, penalty, or interest shown in a filed return, or  to
12    pay  a  final  assessment of the tax, penalty, or interest as
13    required by a tax  Act  administered  by  the  Department  of
14    Revenue, until the requirements of the tax Act are satisfied.
15        (c)  The determination by a circuit court that a licensee
16    is  subject to involuntary admission or judicial admission as
17    provided in the Mental Health and Developmental  Disabilities
18    Code operates as an automatic suspension. The suspension will
19    end only upon (1) a finding by a court that the patient is no
20    longer   subject   to   involuntary   admission  or  judicial
21    admission,  (2)  issuance  of  an  order   so   finding   and
22    discharging  the  patient,  and (3) the recommendation of the
23    Disciplinary Board to  the  Director  that  the  licensee  be
24    allowed to resume his or her practice.
25        In  enforcing this Section, the Department upon a showing
26    of a possible violation may compel an individual licensed  to
27    practice  under  this  Act  or  who has applied for licensure
28    pursuant to this Act  to  submit  to  a  mental  or  physical
29    examination,  or  both,  as required by and at the expense of
30    the  Department.  The  examining   physicians   or   clinical
31    psychologists  shall  be those specifically designated by the
32    Department. The individual to be examined may have, at his or
33    her own expense, another physician or  clinical  psychologist
34    of  his  or  her  choice  present  during all aspects of this
 
                            -164-              LRB9215313ACcd
 1    examination. Failure of any individual to submit to a  mental
 2    or  physical  examination  when directed shall be grounds for
 3    suspension of his or her license until the individual submits
 4    to the examination if the Department finds, after notice  and
 5    hearing,  that  the  refusal to submit to the examination was
 6    without reasonable cause.
 7        If  the  Department  determines  that  an  applicant   or
 8    licensee  is  unable  to  practice because of the reasons set
 9    forth in this Section,  the  Department  may  discipline  the
10    licensee  or  require the applicant or licensee to enter into
11    an agreement of care,  counseling,  and  treatment  with  the
12    Department to enroll and participate in an approved treatment
13    program   in   accordance  with  the  Impaired  Professionals
14    Assistance  System,  subject  to  terms  and  conditions  the
15    Department deems appropriate.
16        An  individual  whose  license  was  granted,  continued,
17    reinstated, renewed, disciplined, or  supervised  subject  to
18    such  terms,  conditions,  or  restrictions  and who fails to
19    comply with such terms, conditions, or restrictions shall  be
20    referred  to  the  Director for a determination as to whether
21    the individual  shall  have  his  or  her  license  suspended
22    immediately, pending a hearing by the Department.
23    (Source: P.A. 91-580, eff. 1-1-00.)

24        (225 ILCS 125/106 new)
25        (Section scheduled to be repealed on January 1, 2010)
26        Sec.  106.  Reporting requirements. The Department shall,
27    by rule, provide for the reporting by all  employers  to  the
28    Impaired  Professionals Assistance System of all instances in
29    which a person licensed under this Act  who  is  impaired  by
30    reason  of  age, drug or alcohol abuse, or physical or mental
31    impairment, is under supervision and, where  appropriate,  is
32    in  a  program  of  rehabilitation. Reports shall be strictly
33    confidential and may  be  reviewed  and  considered  only  by
 
                            -165-              LRB9215313ACcd
 1    authorized  Department  staff as provided by rule. Provisions
 2    shall be made for the periodic report of the  status  of  any
 3    such  licensee  not  less  than  twice  annually  so that the
 4    Department shall  have  current  information  upon  which  to
 5    determine  the  status  of  any  such  licensee.  Initial and
 6    periodic  reports  of  impaired  licensees   shall   not   be
 7    considered  records  within  the meaning of the State Records
 8    Act and shall be disposed of, following  a  determination  by
 9    the Department that such reports are no longer required, in a
10    manner  and at such time as the Department shall determine by
11    rule.

12        (225 ILCS 25/5.5 rep.)
13        Section 100. The Illinois Dental Practice Act is  amended
14    by repealing Section 5.5.

15        Section 999.  Effective date.  This Act takes effect upon
16    becoming law.
 
                            -166-              LRB9215313ACcd
 1                                INDEX
 2               Statutes amended in order of appearance
 3    225 ILCS 2105/2105-16 new
 4    225 ILCS 2/10
 5    225 ILCS 2/110
 6    225 ILCS 2/115 new
 7    225 ILCS 5/3              from Ch. 111, par. 7603
 8    225 ILCS 5/16             from Ch. 111, par. 7616
 9    225 ILCS 5/16.5 new
10    225 ILCS 15/2             from Ch. 111, par. 5352
11    225 ILCS 15/15            from Ch. 111, par. 5365
12    225 ILCS 15/14.1 new
13    225 ILCS 20/3             from Ch. 111, par. 6353
14    225 ILCS 20/19            from Ch. 111, par. 6369
15    225 ILCS 20/19.5 new
16    225 ILCS 25/4             from Ch. 111, par. 2304
17    225 ILCS 25/23            from Ch. 111, par. 2323
18    225 ILCS 25/24            from Ch. 111, par. 2324
19    225 ILCS 25/24.5 new
20    225 ILCS 30/10            from Ch. 111, par. 8401-10
21    225 ILCS 30/95            from Ch. 111, par. 8401-95
22    225 ILCS 30/96 new
23    225 ILCS 55/10            from Ch. 111, par. 8351-10
24    225 ILCS 55/85            from Ch. 111, par. 8351-85
25    225 ILCS 55/86 new
26    225 ILCS 63/10
27    225 ILCS 63/110
28    225 ILCS 63/111 new
29    225 ILCS 65/5-10
30    225 ILCS 65/10-45
31    225 ILCS 65/10-50
32    225 ILCS 65/15-5
33    225 ILCS 65/15-50
34    225 ILCS 70/4             from Ch. 111, par. 3654
 
                            -167-              LRB9215313ACcd
 1    225 ILCS 70/17            from Ch. 111, par. 3667
 2    225 ILCS 70/17.5 new
 3    225 ILCS 75/2             from Ch. 111, par. 3702
 4    225 ILCS 75/19            from Ch. 111, par. 3719
 5    225 ILCS 75/19.17 new
 6    225 ILCS 80/9             from Ch. 111, par. 3909
 7    225 ILCS 80/24            from Ch. 111, par. 3924
 8    225 ILCS 80/24.5 new
 9    225 ILCS 84/10
10    225 ILCS 84/90
11    225 ILCS 84/92 new
12    225 ILCS 95/4             from Ch. 111, par. 4604
13    225 ILCS 95/21            from Ch. 111, par. 4621
14    225 ILCS 95/21.1 new
15    225 ILCS 100/5            from Ch. 111, par. 4805
16    225 ILCS 100/24           from Ch. 111, par. 4824
17    225 ILCS 100/24.1 new
18    225 ILCS 107/10
19    225 ILCS 107/80
20    225 ILCS 107/81 new
21    225 ILCS 115/24.1
22    225 ILCS 115/24.2 new
23    225 ILCS 115/25           from Ch. 111, par. 7025
24    225 ILCS 125/10
25    225 ILCS 125/105
26    225 ILCS 125/106 new
27    225 ILCS 25/5.5 rep.

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