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Public Act 102-0882


 

Public Act 0882 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0882
 
SB4018 EnrolledLRB102 24659 AMQ 33898 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.33 and 4.38 as follows:
 
    (5 ILCS 80/4.33)
    Sec. 4.33. Acts repealed on January 1, 2023. The following
Acts are repealed on January 1, 2023:
    The Dietitian Nutritionist Practice Act.
    The Elevator Safety and Regulation Act.
    The Fire Equipment Distributor and Employee Regulation Act
of 2011.
    The Funeral Directors and Embalmers Licensing Code.
    The Naprapathic Practice Act.
    The Pharmacy Practice Act.
    The Professional Counselor and Clinical Professional
Counselor Licensing and Practice Act.
    The Wholesale Drug Distribution Licensing Act.
(Source: P.A. 101-621, eff. 12-20-19.)
 
    (5 ILCS 80/4.38)
    Sec. 4.38. Acts repealed on January 1, 2028. The following
Acts are repealed on January 1, 2028:
    The Acupuncture Practice Act.
    The Clinical Social Work and Social Work Practice Act.
    The Home Medical Equipment and Services Provider License
Act.
    The Illinois Petroleum Education and Marketing Act.
    The Illinois Speech-Language Pathology and Audiology
Practice Act.
    The Interpreter for the Deaf Licensure Act of 2007.
    The Nurse Practice Act.
    The Nursing Home Administrators Licensing and Disciplinary
Act.
    The Pharmacy Practice Act.
    The Physician Assistant Practice Act of 1987.
    The Podiatric Medical Practice Act of 1987.
(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 
    Section 10. The Pharmacy Practice Act is amended by
changing Sections 7.5, 9, 9.5, 16, 25.10, 30, 35.7, 35.18, and
35.21 as follows:
 
    (225 ILCS 85/7.5)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 7.5. Social Security Number, individual taxpayer
identification number, or unique identifying number on license
application. In addition to any other information required to
be contained in the application, every application for an
original license under this Act shall include the applicant's
Social Security Number, individual taxpayer identification
number, or other unique identifying number deemed appropriate
by the Department, which shall be retained in the agency's
records pertaining to the license. As soon as practical, the
Department shall assign a customer's identification number to
each applicant for a license.
    Every application for a renewal or restored license shall
require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12.)
 
    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 9. Licensure as registered pharmacy technician.
    (a) Any person shall be entitled to licensure as a
registered pharmacy technician who is of the age of 16 or over,
has not engaged in conduct or behavior determined to be
grounds for discipline under this Act, is attending or has
graduated from an accredited high school or comparable school
or educational institution or received a high school
equivalency certificate, and has filed a written or electronic
application for licensure on a form to be prescribed and
furnished by the Department for that purpose. The Department
shall issue a license as a registered pharmacy technician to
any applicant who has qualified as aforesaid, and such license
shall be the sole authority required to assist licensed
pharmacists in the practice of pharmacy, under the supervision
of a licensed pharmacist. A registered pharmacy technician may
be delegated to perform any task within the practice of
pharmacy if specifically trained for that task, except for
patient counseling, drug regimen review, or clinical conflict
resolution, or final prescription verification except where a
registered certified pharmacy technician verifies a
prescription dispensed by another pharmacy technician using
technology-assisted medication verification.
    (b) Beginning on January 1, 2017, within 2 years after
initial licensure as a registered pharmacy technician, the
licensee must meet the requirements described in Section 9.5
of this Act and become licensed as a registered certified
pharmacy technician. If the licensee has not yet attained the
age of 18, then upon the next renewal as a registered pharmacy
technician, the licensee must meet the requirements described
in Section 9.5 of this Act and become licensed as a registered
certified pharmacy technician. This requirement does not apply
to pharmacy technicians registered prior to January 1, 2008.
    (c) Any person registered as a pharmacy technician who is
also enrolled in a first professional degree program in
pharmacy in a school or college of pharmacy or a department of
pharmacy of a university approved by the Department or has
graduated from such a program within the last 18 months, shall
be considered a "student pharmacist" and entitled to use the
title "student pharmacist". A student pharmacist must meet all
of the requirements for licensure as a registered pharmacy
technician set forth in this Section excluding the requirement
of certification prior to the second license renewal and pay
the required registered pharmacy technician license fees. A
student pharmacist may, under the supervision of a pharmacist,
assist in the practice of pharmacy and perform any and all
functions delegated to him or her by the pharmacist.
    (d) Any person seeking licensure as a pharmacist who has
graduated from a pharmacy program outside the United States
must register as a pharmacy technician and shall be considered
a "student pharmacist" and be entitled to use the title
"student pharmacist" while completing the 1,200 clinical hours
of training approved by the Board of Pharmacy described and
for no more than 18 months after completion of these hours.
These individuals are not required to become registered
certified pharmacy technicians while completing their Board
approved clinical training, but must become licensed as a
pharmacist or become licensed as a registered certified
pharmacy technician before the second pharmacy technician
license renewal following completion of the Board approved
clinical training.
    (e) The Department shall not renew the registered pharmacy
technician license of any person who has been licensed as a
registered pharmacy technician with the designation "student
pharmacist" who: (1) has dropped out of or been expelled from
an ACPE accredited college of pharmacy; (2) has failed to
complete his or her 1,200 hours of Board approved clinical
training within 24 months; or (3) has failed the pharmacist
licensure examination 3 times. The Department shall require
these individuals to meet the requirements of and become
licensed as a registered certified pharmacy technician.
    (f) The Department may take any action set forth in
Section 30 of this Act with regard to a license pursuant to
this Section.
    (g) Any person who is enrolled in a non-traditional
Pharm.D. program at an ACPE accredited college of pharmacy and
is licensed as a registered pharmacist under the laws of
another United States jurisdiction shall be permitted to
engage in the program of practice experience required in the
academic program by virtue of such license. Such person shall
be exempt from the requirement of licensure as a registered
pharmacy technician or registered certified pharmacy
technician while engaged in the program of practice experience
required in the academic program.
    An applicant for licensure as a registered pharmacy
technician may assist a pharmacist in the practice of pharmacy
for a period of up to 60 days prior to the issuance of a
license if the applicant has submitted the required fee and an
application for licensure to the Department. The applicant
shall keep a copy of the submitted application on the premises
where the applicant is assisting in the practice of pharmacy.
The Department shall forward confirmation of receipt of the
application with start and expiration dates of practice
pending licensure.
(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
 
    (225 ILCS 85/9.5)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 9.5. Registered certified pharmacy technician.
    (a) An individual licensed as a registered pharmacy
technician under this Act may be licensed as a registered
certified pharmacy technician, if he or she meets all of the
following requirements:
        (1) He or she has submitted a written application in
    the form and manner prescribed by the Department.
        (2) He or she has attained the age of 18.
        (3) He or she is of good moral character, as
    determined by the Department.
        (4) Beginning on January 1, 2024, a new pharmacy
    technician is required to have (i) graduated from a
    pharmacy technician training program that meets the
    requirements set forth in subsection (a) of Section 17.1
    of this Act or (ii) obtained documentation from the
    pharmacist-in-charge of the pharmacy where the applicant
    is employed verifying that he or she has successfully
    completed a standardized nationally accredited education
    and training program, and has successfully completed an
    objective assessment mechanism prepared in accordance with
    rules established by the Department.
        (5) He or she has successfully passed an examination
    accredited by the National Commission for Certifying
    Agencies, as approved and required by the Board or by
    rule.
        (6) He or she has paid the required licensure fees.
    (b) No pharmacist whose license has been denied, revoked,
suspended, or restricted for disciplinary purposes may be
eligible to be registered as a certified pharmacy technician
unless authorized by order of the Department as a condition of
restoration from revocation, suspension, or restriction.
    (c) The Department may, by rule, establish any additional
requirements for licensure under this Section.
    (d) A person who is not a licensed registered pharmacy
technician and meets the requirements of this Section may be
licensed as a registered certified pharmacy technician without
first being licensed as a registered pharmacy technician.
    (e) As a condition for the renewal of a license as a
registered certified pharmacy technician, the licensee shall
provide evidence to the Department of completion of a total of
20 hours of continuing pharmacy education during the 24 months
preceding the expiration date of the certificate as
established by rule. One hour of continuing pharmacy education
must be in the subject of pharmacy law. One hour of continuing
pharmacy education must be in the subject of patient safety.
The continuing education shall be approved by the
Accreditation Council on Pharmacy Education.
    The Department may establish by rule a means for the
verification of completion of the continuing education
required by this subsection (e). This verification may be
accomplished through audits of records maintained by
licensees, by requiring the filing of continuing education
certificates with the Department or a qualified organization
selected by the Department to maintain such records, or by
other means established by the Department.
    Rules developed under this subsection (e) may provide for
a reasonable annual fee, not to exceed $20, to fund the cost of
such recordkeeping. The Department may, by rule, further
provide an orderly process for the restoration of a license
that has not been renewed due to the failure to meet the
continuing pharmacy education requirements of this subsection
(e). The Department may waive the requirements of continuing
pharmacy education, in whole or in part, in cases of extreme
hardship as defined by rule of the Department. The waivers may
be granted for not more than one of any 2 consecutive renewal
periods.
(Source: P.A. 101-621, eff. 1-1-20; 102-643, eff. 8-27-21.)
 
    (225 ILCS 85/16)  (from Ch. 111, par. 4136)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 16. The Department shall require and provide for the
licensure of every pharmacy doing business in this State. Such
licensure shall expire 30 days after the pharmacist in charge
dies or is no longer employed by the pharmacy or after such
pharmacist's license has been suspended or revoked.
    In the event the pharmacist in charge dies or otherwise
ceases to function in that capacity, or when the license of the
pharmacist in charge has been suspended or revoked, the owner
of the pharmacy shall be required to notify the Department, on
forms provided by the Department, of the identity of the new
pharmacist in charge.
    It is the duty of every pharmacist in charge who ceases to
function in that capacity to report to the Department within
30 days of the date on which he ceased such functions for such
pharmacy. It is the duty of every owner of a pharmacy licensed
under this Act to report to the Department within 30 days of
the date on which the pharmacist in charge died or ceased to
function in that capacity and to specify a new pharmacist in
charge. Failure to provide such notification to the Department
shall be grounds for disciplinary action.
    No license shall be issued to any pharmacy unless such
pharmacy has a pharmacist in charge and each such pharmacy
license shall indicate on the face thereof the pharmacist in
charge.
    If a pharmacy temporarily closes for more than 72 hours,
it is the duty of the pharmacist in charge and the owner of
such pharmacy to report to the Department within 72 hours of
temporary closure of a pharmacy. The closing pharmacy must
post signage and provide notification to customers.
(Source: P.A. 100-497, eff. 9-8-17.)
 
    (225 ILCS 85/25.10)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 25.10. Remote prescription processing.
    (a) In this Section, "remote prescription processing"
means and includes the outsourcing of certain prescription
functions to another pharmacy or licensed non-resident
pharmacy. "Remote prescription processing" includes any of the
following activities related to the dispensing process:
        (1) Receiving, interpreting, evaluating, or clarifying
    prescriptions.
        (2) Entering prescription and patient data into a data
    processing system.
        (3) Transferring prescription information.
        (4) Performing a drug regimen review.
        (5) Obtaining refill or substitution authorizations or
    otherwise communicating with the prescriber concerning a
    patient's prescription.
        (6) Evaluating clinical data for prior authorization
    for dispensing.
        (7) Discussing therapeutic interventions with
    prescribers.
        (8) Providing drug information or counseling
    concerning a patient's prescription to the patient or
    patient's agent, as defined in this Act.
    (b) A pharmacy may engage in remote prescription
processing under the following conditions:
        (1) The pharmacies shall either have the same owner or
    have a written contract describing the scope of services
    to be provided and the responsibilities and
    accountabilities of each pharmacy in compliance with all
    federal and State laws and regulations related to the
    practice of pharmacy.
        (2) The pharmacies shall share a common electronic
    file or have technology that allows sufficient information
    necessary to process a non-dispensing function.
        (3) The records may be maintained separately by each
    pharmacy or in common electronic file shared by both
    pharmacies, provided that the system can produce a record
    at either location that shows each processing task, the
    identity of the person performing each task, and the
    location where each task was performed.
    (c) Nothing in this Section shall prohibit an individual
employee licensed as a pharmacist, pharmacy technician, or
student pharmacist from accessing the employer pharmacy's
database from a pharmacist's home or other remote location or
pharmacist's home verification for the purpose of performing
certain prescription processing functions, provided that the
pharmacy establishes controls to protect the privacy and
security of confidential records.
(Source: P.A. 100-497, eff. 9-8-17.)
 
    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 30. Refusal, revocation, suspension, or other
discipline.
    (a) The Department may refuse to issue or renew, or may
revoke a license, or may suspend, place on probation, fine, or
take any disciplinary or non-disciplinary action as the
Department may deem proper, including fines not to exceed
$10,000 for each violation, with regard to any licensee for
any one or combination of the following causes:
        1. Material misstatement in furnishing information to
    the Department.
        2. Violations of this Act, or the rules promulgated
    hereunder.
        3. Making any misrepresentation for the purpose of
    obtaining licenses.
        4. A pattern of conduct which demonstrates
    incompetence or unfitness to practice.
        5. Aiding or assisting another person in violating any
    provision of this Act or rules.
        6. Failing, within 60 days, to respond to a written
    request made by the Department for information.
        7. Engaging in unprofessional, dishonorable, or
    unethical conduct of a character likely to deceive,
    defraud or harm the public as defined by rule.
        8. Adverse action taken by another state or
    jurisdiction against a license or other authorization to
    practice as a pharmacy, pharmacist, registered certified
    pharmacy technician, or registered pharmacy technician
    that is the same or substantially equivalent to those set
    forth in this Section, a certified copy of the record of
    the action taken by the other state or jurisdiction being
    prima facie evidence thereof.
        9. Directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership, or association
    any fee, commission, rebate or other form of compensation
    for any professional services not actually or personally
    rendered. Nothing in this item 9 affects any bona fide
    independent contractor or employment arrangements among
    health care professionals, health facilities, health care
    providers, or other entities, except as otherwise
    prohibited by law. Any employment arrangements may include
    provisions for compensation, health insurance, pension, or
    other employment benefits for the provision of services
    within the scope of the licensee's practice under this
    Act. Nothing in this item 9 shall be construed to require
    an employment arrangement to receive professional fees for
    services rendered.
        10. A finding by the Department that the licensee,
    after having his license placed on probationary status has
    violated the terms of probation.
        11. Selling or engaging in the sale of drug samples
    provided at no cost by drug manufacturers.
        12. Physical illness, including but not limited to,
    deterioration through the aging process, or loss of motor
    skill which results in the inability to practice the
    profession with reasonable judgment, skill or safety.
        13. A finding that licensure or registration has been
    applied for or obtained by fraudulent means.
        14. Conviction by plea of guilty or nolo contendere,
    finding of guilt, jury verdict, or entry of judgment or
    sentencing, including, but not limited to, convictions,
    preceding sentences of supervision, conditional discharge,
    or first offender probation, under the laws of any
    jurisdiction of the United States that is (i) a felony or
    (ii) a misdemeanor, an essential element of which is
    dishonesty, or that is directly related to the practice of
    pharmacy, or involves controlled substances.
        15. Habitual or excessive use or addiction to alcohol,
    narcotics, stimulants or any other chemical agent or drug
    which results in the inability to practice with reasonable
    judgment, skill or safety.
        16. Willfully making or filing false records or
    reports in the practice of pharmacy, including, but not
    limited to false records to support claims against the
    medical assistance program of the Department of Healthcare
    and Family Services (formerly Department of Public Aid)
    under the Public Aid Code.
        17. Gross and willful overcharging for professional
    services including filing false statements for collection
    of fees for which services are not rendered, including,
    but not limited to, filing false statements for collection
    of monies for services not rendered from the medical
    assistance program of the Department of Healthcare and
    Family Services (formerly Department of Public Aid) under
    the Public Aid Code.
        18. Dispensing prescription drugs without receiving a
    written or oral prescription in violation of law.
        19. Upon a finding of a substantial discrepancy in a
    Department audit of a prescription drug, including
    controlled substances, as that term is defined in this Act
    or in the Illinois Controlled Substances Act.
        20. Physical or mental illness or any other impairment
    or disability, including, without limitation: (A)
    deterioration through the aging process or loss of motor
    skills that results in the inability to practice with
    reasonable judgment, skill or safety; or (B) mental
    incompetence, as declared by a court of competent
    jurisdiction.
        21. Violation of the Health Care Worker Self-Referral
    Act.
        22. Failing to sell or dispense any drug, medicine, or
    poison in good faith. "Good faith", for the purposes of
    this Section, has the meaning ascribed to it in subsection
    (u) of Section 102 of the Illinois Controlled Substances
    Act. "Good faith", as used in this item (22), shall not be
    limited to the sale or dispensing of controlled
    substances, but shall apply to all prescription drugs.
        23. Interfering with the professional judgment of a
    pharmacist by any licensee under this Act, or the
    licensee's agents or employees.
        24. Failing to report within 60 days to the Department
    any adverse final action taken against a pharmacy,
    pharmacist, registered pharmacy technician, or registered
    certified pharmacy technician by another licensing
    jurisdiction in any other state or any territory of the
    United States or any foreign jurisdiction, any
    governmental agency, any law enforcement agency, or any
    court for acts or conduct similar to acts or conduct that
    would constitute grounds for discipline as defined in this
    Section.
        25. Failing to comply with a subpoena issued in
    accordance with Section 35.5 of this Act.
        26. Disclosing protected health information in
    violation of any State or federal law.
        27. Willfully failing to report an instance of
    suspected abuse, neglect, financial exploitation, or
    self-neglect of an eligible adult as defined in and
    required by the Adult Protective Services Act.
        28. Being named as an abuser in a verified report by
    the Department on Aging under the Adult Protective
    Services Act, and upon proof by clear and convincing
    evidence that the licensee abused, neglected, or
    financially exploited an eligible adult as defined in the
    Adult Protective Services Act.
        29. Using advertisements or making solicitations that
    may jeopardize the health, safety, or welfare of patients,
    including, but not be limited to, the use of
    advertisements or solicitations that:
            (A) are false, fraudulent, deceptive, or
        misleading; or
            (B) include any claim regarding a professional
        service or product or the cost or price thereof that
        cannot be substantiated by the licensee.
        30. Requiring a pharmacist to participate in the use
    or distribution of advertisements or in making
    solicitations that may jeopardize the health, safety, or
    welfare of patients.
        31. Failing to provide a working environment for all
    pharmacy personnel that protects the health, safety, and
    welfare of a patient, which includes, but is not limited
    to, failing to:
            (A) employ sufficient personnel to prevent
        fatigue, distraction, or other conditions that
        interfere with a pharmacist's ability to practice with
        competency and safety or creates an environment that
        jeopardizes patient care;
            (B) provide appropriate opportunities for
        uninterrupted rest periods and meal breaks;
            (C) provide adequate time for a pharmacist to
        complete professional duties and responsibilities,
        including, but not limited to:
                (i) drug utilization review;
                (ii) immunization;
                (iii) counseling;
                (iv) verification of the accuracy of a
            prescription; and
                (v) all other duties and responsibilities of a
            pharmacist as listed in the rules of the
            Department.
        32. Introducing or enforcing external factors, such as
    productivity or production quotas or other programs
    against pharmacists, student pharmacists or pharmacy
    technicians, to the extent that they interfere with the
    ability of those individuals to provide appropriate
    professional services to the public.
        33. Providing an incentive for or inducing the
    transfer of a prescription for a patient absent a
    professional rationale.
    (b) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
    (c) The Department shall revoke any license issued under
the provisions of this Act or any prior Act of this State of
any person who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act, or
who has been convicted a second time of committing a Class 1
felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid
Code. A person whose license issued under the provisions of
this Act or any prior Act of this State is revoked under this
subsection (c) shall be prohibited from engaging in the
practice of pharmacy in this State.
    (d) Fines may be imposed in conjunction with other forms
of disciplinary action, but shall not be the exclusive
disposition of any disciplinary action arising out of conduct
resulting in death or injury to a patient. Fines shall be paid
within 60 days or as otherwise agreed to by the Department. Any
funds collected from such fines shall be deposited in the
Illinois State Pharmacy Disciplinary Fund.
    (e) The entry of an order or judgment by any circuit court
establishing that any person holding a license or certificate
under this Act is a person in need of mental treatment operates
as a suspension of that license. A licensee may resume his or
her practice only upon the entry of an order of the Department
based upon a finding by the Board that he or she has been
determined to be recovered from mental illness by the court
and upon the Board's recommendation that the licensee be
permitted to resume his or her practice.
    (f) The Department shall issue quarterly to the Board a
status of all complaints related to the profession received by
the Department.
    (g) In enforcing this Section, the Board or the
Department, upon a showing of a possible violation, may compel
any licensee or applicant for licensure under this Act to
submit to a mental or physical examination or both, as
required by and at the expense of the Department. The
examining physician, or multidisciplinary team involved in
providing physical and mental examinations led by a physician
consisting of one or a combination of licensed physicians,
licensed clinical psychologists, licensed clinical social
workers, licensed clinical professional counselors, and other
professional and administrative staff, shall be those
specifically designated by the Department. The Board or the
Department may order the examining physician or any member of
the multidisciplinary team to present testimony concerning
this mental or physical examination of the licensee or
applicant. No information, report, or other documents in any
way related to the examination shall be excluded by reason of
any common law or statutory privilege relating to
communication between the licensee or applicant and the
examining physician or any member of the multidisciplinary
team. The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of the examination. Failure of any individual to
submit to a mental or physical examination when directed shall
result in the automatic suspension of his or her license until
such time as the individual submits to the examination. If the
Board or Department finds a pharmacist, registered certified
pharmacy technician, or registered pharmacy technician unable
to practice because of the reasons set forth in this Section,
the Board or Department shall require such pharmacist,
registered certified pharmacy technician, or registered
pharmacy technician to submit to care, counseling, or
treatment by physicians or other appropriate health care
providers approved or designated by the Department as a
condition for continued, restored, or renewed licensure to
practice. Any pharmacist, registered certified pharmacy
technician, or registered pharmacy technician whose license
was granted, continued, restored, renewed, disciplined, or
supervised, subject to such terms, conditions, or
restrictions, and who fails to comply with such terms,
conditions, or restrictions or to complete a required program
of care, counseling, or treatment, as determined by the chief
pharmacy coordinator, shall be referred to the Secretary for a
determination as to whether the licensee shall have his or her
license suspended immediately, pending a hearing by the Board.
In instances in which the Secretary immediately suspends a
license under this subsection (g), a hearing upon such
person's license must be convened by the Board within 15 days
after such suspension and completed without appreciable delay.
The Department and Board shall have the authority to review
the subject pharmacist's, registered certified pharmacy
technician's, or registered pharmacy technician's record of
treatment and counseling regarding the impairment.
    (h) An individual or organization acting in good faith,
and not in a willful and wanton manner, in complying with this
Section by providing a report or other information to the
Board, by assisting in the investigation or preparation of a
report or information, by participating in proceedings of the
Board, or by serving as a member of the Board shall not, as a
result of such actions, be subject to criminal prosecution or
civil damages. Any person who reports a violation of this
Section to the Department is protected under subsection (b) of
Section 15 of the Whistleblower Act.
    (i) Members of the Board shall have no liability in any
action based upon any disciplinary proceedings or other
activity performed in good faith as a member of the Board. The
Attorney General shall defend all such actions unless he or
she determines either that there would be a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful and wanton.
    If the Attorney General declines representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were willful and wanton.
    The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Board. Failure to so notify the Attorney
General shall constitute an absolute waiver of the right to a
defense and indemnification.
    The Attorney General shall determine, within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
 
    (225 ILCS 85/35.7)  (from Ch. 111, par. 4155.7)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 35.7. Notwithstanding the provisions of Section 35.6
of this Act, the Secretary shall have the authority to appoint
any attorney duly licensed to practice law in the State of
Illinois to serve as the hearing officer in any action before
the Board for refusal to issue, renew, or discipline of a
license. The hearing officer shall have full authority to
conduct the hearing. There may be present one or more members
of the Board at any such hearing. The hearing officer shall
report his findings of fact, conclusions of law and
recommendations to the Board and the Secretary. The Board
shall have 60 days from receipt of the report to review the
report of the hearing officer and present their findings of
fact, conclusions of law, and recommendations to the
Secretary. If the Board fails to present its report within the
60-day period, the respondent or the Department may request in
writing a direct appeal to the Secretary, in which case the
Secretary may issue an order based upon the report of the
hearing officer and the record of the proceedings or issue an
order remanding the matter back to the hearing officer for
additional proceedings in accordance with the order.
Notwithstanding any other provision of this Section, if the
Secretary, upon review, determines that substantial justice
has not been done in the revocation, suspension, or refusal to
issue or renew a license or other disciplinary action taken as
the result of the entry of the hearing officer's report, the
Secretary may order a rehearing by the same or other
examiners. If the Secretary disagrees with the recommendation
of the Board or the hearing officer, the Secretary may issue an
order in contravention of the recommendation.
(Source: P.A. 100-497, eff. 9-8-17.)
 
    (225 ILCS 85/35.18)  (from Ch. 111, par. 4155.18)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 35.18. Certification of record. The Department shall
not be required to certify any record to the court, to file an
answer in court, or to otherwise appear in any court in a
judicial review proceeding unless and until the Department has
received from the plaintiff payment of the costs of furnishing
and certifying the record, which costs shall be determined by
the Department. Exhibits shall be certified without cost.
Failure on the part of the plaintiff to file a receipt in court
shall be grounds for dismissal of the action. During the
pendency and hearing of any and all judicial proceedings
incident to the disciplinary action the sanctions imposed upon
the accused by the Department because of acts or omissions
related to the delivery of direct patient care as specified in
the Department's final administrative decision, shall, as a
matter of public policy, remain in full force and effect in
order to protect the public pending final resolution of any of
the proceedings.
(Source: P.A. 100-497, eff. 9-8-17.)
 
    (225 ILCS 85/35.21)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 35.21. Citations.
    (a) The Department may issue citations to any licensee for
any violation of this Act or the rules. The citation shall be
issued to the licensee or other person alleged to have
committed one or more violations and shall contain the
licensee's or other person's name and address, the licensee's
license number, if any, a brief factual statement, the
Sections of this Act or the rules allegedly violated, and the
penalty imposed, which shall not exceed $3,000 $1,000. The
citation must clearly state that if the cited person wishes to
dispute the citation, he or she may request in writing, within
30 days after the citation is served, a hearing before the
Department. If the cited person does not request a hearing
within 30 days after the citation is served, then the citation
shall become a final, non-disciplinary order and any fine
imposed is due and payable. If the cited person requests a
hearing within 30 days after the citation is served, the
Department shall afford the cited person a hearing conducted
in the same manner as a hearing provided in this Act for any
violation of this Act and shall determine whether the cited
person committed the violation as charged and whether the fine
as levied is warranted. If the violation is found, any fine
shall constitute discipline and be due and payable within 30
days of the order of the Secretary. Failure to comply with any
final order may subject the licensed person to further
discipline or other action by the Department or a referral to
the State's Attorney.
    (b) A citation must be issued within 6 months after the
reporting of a violation that is the basis for the citation.
    (c) Service of a citation shall be made in person,
electronically, or by mail to the licensee at the licensee's
address of record or email address of record.
    (d) Nothing in this Section shall prohibit or limit the
Department from taking further action pursuant to this Act and
rules for additional, repeated, or continuing violations.
    (e) The Department may adopt rules for the issuance of
citations in accordance with this Section.
(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
 
    Section 99. Effective date. This Section 5 and Section 99
take effect upon becoming law.

Effective Date: 5/13/2022