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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. 20If the Board finds a person unable to practice because of21the reasons set forth in this Section, the Board may require22that person to submit to care, counseling or treatment by23physicians or clinical psychologists approved or designated24by the Board, as a condition, term, or restriction for25continued, reinstated, or renewed licensure to practice; or,26in lieu of care, counseling or treatment, the Board may27recommend to the Department to file a complaint to28immediately suspend, revoke or otherwise discipline the29license 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: 131."Department" means the Department of Professional 14 Regulation. 152."Director" means the Director of the Department of 16 Professional Regulation. 173."Board" means the Social Work Examining and 18 Disciplinary Board. 194."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. 235."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. 306."Treatment procedures" means among other things, 31 individual, marital, family and group psychotherapy. 327."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. 58."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. 99."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;or14 (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. 31If the Board finds a person unable to practice because of32the reasons set forth in this Section, the Board may require33that person to submit to care, counseling, or treatment by34physicians approved or designated by the Board, as a-34- LRB9215313ACcd 1condition, term, or restriction for continued, reinstated, or2renewed licensure to practice; or, in lieu of care,3counseling or treatment, the Board may recommend to the4Department to file a complaint to immediately suspend, revoke5or 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 dental24hygienist" means a dentist or dental hygienist who is unable25to practice with reasonable skill and safety because of a26physical or mental disability as evidenced by a written27determination or written consent based on clinical evidence,28including deterioration through the aging process, loss of29motor skills, abuse of drugs or alcohol, or a psychiatric30disorder, of sufficient degree to diminish the person's31ability to deliver competent patient care.32 (p) "Nurse" means a registered professional nurse, a 33 certified registered nurse anesthetistanesthesistlicensed 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 1If the Department or Board finds an individual unable to2practice because of the reasons set forth in this Section,3the Department or Board may require that individual to submit4to care, counseling, or treatment by physicians approved or5designated by the Department or Board, as a condition, term,6or restriction for continued, reinstated, or renewed7licensure to practice; or, in lieu of care, counseling, or8treatment, the Department may file, or the Board may9recommend to the Department to file, a complaint to10immediately suspend, revoke, or otherwise discipline the11license 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. 15If the Department or Board finds an individual unable to16practice because of the reasons set forth in this Section,17the Department or Board may require that individual to submit18to care, counseling, or treatment by physicians approved or19designated by the Department or Board, as a condition, term,20or restriction for continued, reinstated, or renewed21licensure to practice; or, in lieu of care, counseling, or22treatment, the Department may file, or the Board may23recommend to the Department to file, a complaint to24immediately suspend, revoke, or otherwise discipline the25license 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 assistance2program for nurses shall be established by January 1, 1999.3 (b) Blank).The Director shall appoint a task force to4advise in the creation of the assistance program. The task5force shall include members of the Department and6professional nurses, and shall report its findings and7recommendations 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 Programby the administrator or officer or by the hospital,29nursing home, health care agency or facility, or nurse agency30and the nurse continues to be employed by such hospital,31nursing home, health care agency or facility, or nurse32agency. 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. 13If the Department or APN Board finds an individual unable14to practice because of the reasons set forth in this Section,15the Department or APN Board may require that individual to16submit to care, counseling, or treatment by physicians17approved or designated by the Department or APN Board as a18condition, term, or restriction for continued, reinstated, or19renewed licensure to practice; or, in lieu of care,20counseling, or treatment, the Department may file, or the APN21Board may recommend to the Department to file, a complaint to22immediately suspend, revoke, or otherwise discipline the23license 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. 7If the Department or Board finds an individual unable to8practice because of the reasons set forth in this Section,9the Department or Board shall require such individual to10submit to care, counseling, or treatment by physicians11approved or designated by the Department or Board, as a12condition, term, or restriction for continued, reinstated, or13renewed licensure to practice; or in lieu of care,14counseling, or treatment, the Department may file, or the15Board may recommend to the Department to file, a complaint to16immediately suspend, revoke, or otherwise discipline the17license 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. 21If the Board finds an individual unable to practice22because of the reasons set forth in this Section, the Board23shall require such individual to submit to care, counseling,24or treatment by physicians or clinical psychologists approved25or designated by the Board, as a condition, term, or26restriction for continued, reinstated, or renewed licensure27to practice, or in lieu of care, counseling, or treatment,28the Board may recommend to the Department to file a complaint29to immediately suspend, revoke, or otherwise discipline the30license of the individual, or the Board may recommend to the31Department to file a complaint to suspend, revoke, or32otherwise 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 Board3finds an individual unable to practice because of the reasons4set forth in this Section, the Department or Board may5require that individual to submit to care, counseling, or6treatment by physicians approved or designated by the7Department or Board, as a condition, term, or restriction for8continued, reinstated, or renewed licensure to practice; or,9in lieu of care, counseling, or treatment, the Department may10file, or the Board may recommend to the Department to file, a11complaint to immediately suspend, revoke, or otherwise12discipline 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: 281."Department" means the Department of Professional 29 Regulation. 302."Director" means the Director of Professional 31 Regulation. 323."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. 324."Board" means the Medical Licensing Board constituted 33 under the Medical Practice Act of 1987. 345."Disciplinary Board" means the Medical Disciplinary -127- LRB9215313ACcd 1 Board constituted under the Medical Practice Act of 1987. 26."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. 57."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. 138."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 an2individual unable to practice because of the reasons set3forth in this Section, the Department may require that4individual to submit to care, counseling, or treatment by5physicians approved or designated by the Department, as a6condition, term, or restriction for continued, reinstated, or7renewed licensure to practice; or, in lieu of care,8counseling, or treatment, the Department may file a complaint9to immediately suspend, revoke, or otherwise discipline the10license 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 1If the Department or Board finds an individual unable to2practice because of the reasons set forth in this Section,3the Department or Board may require that individual to submit4to care, counseling, or treatment by physicians approved or5designated by the Department or Board, as a condition, term,6or restriction for continued, reinstated, or renewed7licensure to practice; or, in lieu of care, counseling, or8treatment, the Department may file, or the Board may9recommend to the Department to file, a complaint to10immediately suspend, revoke, or otherwise discipline the11license 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 Boardschedule of16organized treatment, care, counseling, activities, or17education satisfactory to the Board, designed for the purpose18of restoring an impaired person to a condition whereby the19impaired person can practice veterinary medicine with20reasonable skill and safety of a sufficient degree to deliver21competent 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.