Public Act 90-0061 of the 90th General Assembly
Public Act 90-0061
SB857 Enrolled LRB9003267DPcc
AN ACT to extend the boards of the Marriage and Family
Therapy Licensing Act and the Nursing Home Administrators
Licensing and Disciplinary Act and the committees of the
Illinois Nursing Act of 1987 and the Physician Assistant
Practice Act of 1987, concerning regulated professions, and
amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Agency Sunset Act is amended
by changing Section 4.9 and adding Section 4.18 as follows:
(5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
(Text of Section before amendment by P.A. 89-702)
Sec. 4.9. The following Acts are repealed December 31,
1997:
The Medical Practice Act of 1987.
The Illinois Optometric Practice Act of 1987.
The Podiatric Medical Practice Act of 1987.
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Physician Assistant Practice Act of 1987.
The Illinois Nursing Act of 1987.
The Clinical Social Work and Social Work Practice Act.
The Clinical Psychologist Licensing Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Marriage and Family Therapy Licensing Act.
(Source: P.A. 89-706, eff. 1-31-97.)
(Text of Section after amendment by P.A. 89-702)
Sec. 4.9. The following Acts are repealed December 31,
1997:
The Podiatric Medical Practice Act of 1987.
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Physician Assistant Practice Act of 1987.
The Illinois Nursing Act of 1987.
The Clinical Social Work and Social Work Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Marriage and Family Therapy Licensing Act.
(Source: P.A. 89-702, eff. 7-1-97; 89-706, eff. 1-31-97;
revised 2-7-97.)
(5 ILCS 80/4.18 new)
Sec. 4.18. Act repealed on January 1, 2008. The following
Act is repealed on January 1, 2008:
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Physician Assistant Practice Act of 1987.
The Illinois Nursing Act of 1987.
The Marriage and Family Therapy Licensing Act.
Section 10. The Acupuncture Practice Act is amended by
changing Sections 10, 15, 20, 25, 35, 40, 50, 60, 70, 80, 90,
100, 110, 130, 140, 145, 150, 155, 160, 165, 170, 175, 180,
185, and 195 and by adding Sections 55, 75, 105, 135, 152,
and 154 as follows:
(225 ILCS 2/10)
Sec. 10. Definitions. As used in this Act:
"Acupuncture" means the evaluation or treatment of
persons affected through a method of stimulation of a certain
point or points on or immediately below the surface of the
body by the insertion of pre-sterilized, single-use,
disposable needles, unless medically contraindicated, with or
without the application of heat, electronic stimulation, or
manual pressure to prevent or modify the perception of pain,
to normalize physiological functions, or for the treatment of
certain diseases or dysfunctions of the body. Acupuncture
does not include radiology, electrosurgery, chiropractic
technique, physical therapy, naprapathic technique, use or
prescribing of any drugs, medications, herbal preparations,
nutritional supplements, serums, or vaccines, or
determination of a differential diagnosis. An acupuncturist
registered under this Act who is not also licensed as a
physical therapist under the Illinois Physical Therapy Act
shall not hold himself or herself out as being qualified to
provide physical therapy or physiotherapy services. An
acupuncturist shall refer to a licensed physician or dentist,
any patient whose condition should, at the time of evaluation
or treatment, be determined to be beyond the scope of
practice of the acupuncturist.
"Acupuncturist" means a person who practices acupuncture
and who is licensed by the Department has met all
requirements as provided in this Act.
"Board" means the Board of Acupuncture.
"Dentist" means a person licensed under the Illinois
Dental Practice Act.
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
"Physician" means a person licensed under the Medical
Practice Act of 1987.
"Referral by written order" for purposes of this Act
means a diagnosis, substantiated by signature of a physician
or dentist, that a patient's condition is such that it may be
treated by acupuncture as defined in this Act. The diagnosis
shall remain in effect until changed by the physician or
dentist who shall maintain management of the patient.
"State" includes:
(1) the states of the United States of America;
(2) the District of Columbia; and
(3) the Commonwealth of Puerto Rico.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/15)
Sec. 15. Who may practice acupuncture. No person
licensed registered under this Act may treat human ailments
otherwise than by the practice of acupuncture as defined in
this Act; and no person licensed registered under this Act
may practice acupuncture on another person without having on
file a written referral order from a physician or dentist
licensed in Illinois. A physician or dentist licensed in
Illinois may practice acupuncture.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/20)
Sec. 20. Registration; Exempt activities. This Act does
not prohibit any person licensed in this State as a dentist
or physician from engaging in the practice for which he or
she is licensed.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/25)
Sec. 25. Powers and duties of Department. Subject to
the provisions of this Act, The Department shall exercise
powers and duties under this Act as follows:
(1) Review applications to ascertain the
qualifications of applicants for licensure registration.
(2) Adopt rules consistent with the provisions of
this Act for its administration and enforcement and may
prescribe forms that shall be used in connection with
this Act. The rules may define standards and criteria
for professional conduct and discipline. The Department
shall consult with the Board in adopting rules. Notice
of proposed rulemaking shall be transmitted to the Board,
and the Department shall review the Board's response and
any recommendations made in the response.
(3) The Department may at any time seek the advice
and the expert knowledge of the Board on any matter
relating to the administration of this Act.
(3) Submit all registered complaints related to the
profession received by the Department to the Acupuncture
Examining Committee for review. The Department shall
also submit all complaints to the Medical Licensing Board
for review.
(4) Maintain a list of registered acupuncturists
authorized to practice in the State. This list shall
show the name of every registrant, his or her last known
place of residence, and the date and number of his or her
registration. Any interested person in the State may
obtain a copy of that list on application to the Director
and payment of the required fee.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/35)
Sec. 35. Board of Acupuncture. The Director shall
appoint a Board of Acupuncture to consist of 7 persons who
shall be appointed by and shall serve in an advisory capacity
to the Director. Four members must hold an active license to
engage in the practice of acupuncture in this State, one
member shall be a chiropractic physician licensed under the
Medical Practice Act of 1987 who is actively engaged in the
practice of acupuncture, one member shall be a physician
licensed to practice medicine in all of its branches in
Illinois, and one member must be a member of the public who
is not licensed under this Act or a similar Act of another
jurisdiction and who has no connection with the profession.
The initial appointees who would otherwise be required to be
licensed acupuncturists shall instead be individuals who have
been practicing acupuncture for at least 5 years and who are
eligible under this Act for licensure as acupuncturists.
Members shall serve 4-year terms and until their
successors are appointed and qualified, except that of the
initial appointments, one member shall be appointed to serve
for 1 year, 2 members shall be appointed to serve for 2
years, 2 members shall be appointed to serve for 3 years, and
2 members shall be appointed to serve for 4 years and until
their successors are appointed and qualified. No member
shall be reappointed to the Board for a term that would cause
his or her continuous service on the Board to be longer than
8 consecutive years. Appointments to fill vacancies shall be
made in the same manner as original appointments for the
unexpired portion of the vacated term. Initial terms shall
begin upon the effective date of this amendatory Act of 1997.
The Board shall annually elect a chairperson and a
vice-chairperson who shall preside in the absence of the
chairperson. The membership of the Board should reasonably
reflect representation from the geographic areas in this
State. The Director may terminate the appointment of any
member for cause. The Director may give due consideration to
all recommendations of the Board. A majority of the Board
members currently appointed shall constitute a quorum. A
vacancy in the membership of the Board shall not impair the
right of a quorum to exercise the right and perform all the
duties of the Board. Members of the Board shall have no
liability in any action based upon any disciplinary
proceeding or other activity performed in good faith as a
member of the Board. Requirements for registration. No
person shall be registered to practice acupuncture unless he
or she has paid the required registration fee and
demonstrated competence in performing acupuncture by
submitting proof of passing the National Commission for the
Certification of Acupuncturists examination.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/40)
Sec. 40. Application for licensure registration.
Applications for original licensure registration as an
acupuncturist shall be made to the Department in writing on
forms prescribed by the Department and shall be accompanied
by the required fee, which shall not be refundable.
Applicants shall submit with the application proof of
passing the National Commission for the Certification of
Acupuncturists examination or a substantially equivalent
examination approved by the Department or meeting any other
qualifications established by the Department.
An applicant has 3 years from the date of his or her
application to complete the application process. If the
process has not been completed in 3 years, the application
shall be denied, the fee shall be forfeited, and the
applicant must reapply and meet the requirements in effect at
the time of reapplication. Each application shall contain
proof of the particular qualifications required of the
applicant and shall be verified by the applicant under oath
or affirmation.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/50)
Sec. 50. Practice prohibited Title and designation of
registered acupuncturists. Unless he or she has been issued,
by the Department, a valid, existing license registration as
an acupuncturist under this Act, no person may use the title
and designation of "Acupuncturist", "Licensed Registered
Acupuncturist", "Certified Acupuncturist", "C.A.", "Act.",
"Lic. Reg. Act.", or "Lic. Reg. Ac." either directly or
indirectly, in connection with his or her profession or
business. No person licensed registered under this Act may
use the designation "medical", directly or indirectly, in
connection with his or her profession or business. Nothing
shall prevent a physician from using the designation
"Acupuncturist".
No person may practice, offer to practice, attempt to
practice, or hold himself or herself out to practice as a
licensed acupuncturist without being licensed under this Act.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/55 new)
Sec. 55. Endorsement. The Department may, at its
discretion, license as an acupuncturist without examination,
on payment of the fee, an applicant for licensure who is an
acupuncturist under the laws of another state if the
requirements pertaining to acupuncture in that state were at
the date of his or her licensure substantially equal to the
requirements in force in Illinois on that date or if an
applicant possesses individual qualifications that are
substantially equal to the requirements under this Act.
An applicant has 3 years from the date of his or her
application to complete the application process. If the
process has not been completed in 3 years, the application
shall be denied, the fee shall be forfeited, and the
applicant must reapply and meet the requirements in effect at
the time of reapplication.
(225 ILCS 2/60)
Sec. 60. Display of license registration certificate;
change of address. A holder of a license registration
certificate under this Act shall display the license
certificate in a conspicuous place in the office or offices
where the holder practices acupuncture. A licensee
registrant shall, whenever requested, exhibit his or her
license certificate of registration to any representative of
the Department and shall notify the Department of the address
or addresses, and of every change of address, where the
licensee registrant practices acupuncture.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/70)
Sec. 70. Renewal, reinstatement, or restoration of
license registration; continuing education; military service.
The expiration date and renewal period for each license
registration issued under this Act shall be set by rule. The
holder of a license registration certificate may renew that
license registration during the month preceding its
expiration date by paying the required fee.
In order to renew or restore a license, All renewal
applicants shall provide proof of having met the requirements
of continuing education registration set forth in the rules
of the Department.
A person who has permitted his or her license to expire
or who has had his or her license on inactive status may have
the license restored by submitting an application to the
Department, by meeting continuing education requirements, and
by filing proof acceptable to the Department of fitness to
have the license restored, which may include sworn evidence
certifying to active practice in another jurisdiction
satisfactory to the Department and by paying the required
restoration fee. If the person has not maintained an active
practice in another jurisdiction satisfactory to the
Department, the Department shall determine, by an evaluation
program established by rule, his or her fitness to resume
active status and may require the person to complete a period
of evaluated clinical experience and may require successful
completion of a practical examination.
Any acupuncturist whose license registration expired
while he or she was (1) in federal service on active duty
with the Armed Forces of the United States or the State
Militia called into service or training or (2) in training or
education under the supervision of the United States
preliminary to induction into the military service, however,
may have his or her registration restored without paying any
lapsed renewal fees if within 2 years after honorable
termination of service, training, or education, he or she
furnishes the Department with satisfactory evidence that he
or she has been so engaged and that his or her service,
training, or education has been terminated.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/75 new)
Sec. 75. Inactive licenses. A licensee who notifies the
Department in writing on forms prescribed by the Department
may elect to place his or her license on inactive status and
shall, subject to rules of the Department, be excused from
payment of renewal fees until he or she notifies the
Department in writing of his or her desire to resume active
status. A licensee requesting restoration from inactive
status shall be required to pay the current renewal fee,
shall meet the continuing education requirements, and shall
be required to restore his or her license as provided in
Section 70 of this Act.
(225 ILCS 2/80)
Sec. 80. Fees. The Department shall provide by rule for
a schedule of fees for the administration and enforcement of
this Act, including but not limited to original licensure,
renewal, and restoration. The fees shall be nonrefundable.
The fees for application for registration, the renewal of a
registration, and all other purposes are not refundable and
shall be adopted by rule.
All fees collected under this Act shall be deposited into
the General Professions Dedicated Fund and shall be
appropriated to the Department for the ordinary and
contingent expenses of the Department in the administration
of this Act.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/90)
Sec. 90. Roster. The Department shall maintain a roster
of the names and addresses of all licensees registrants and
of all persons person whose licenses registrations have been
disciplined. This roster shall be available upon written
request and payment of the required fee.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/100)
Sec. 100. Advertisement. Any person licensed registered
under this Act may advertise the availability of professional
services in the public media or on the premises where such
professional services are rendered. Such advertising shall
be limited to the following information:
(1) publication of the person's name, title, office
hours, address and telephone number;
(2) information pertaining to the person's areas of
specialization or limitation of professional practice;
(3) information on usual and customary fees for
routine professional services offered, which information
shall include, notification that fees may be adjusted due
to complications or unforeseen circumstances;
(4) announcement of the opening of, change of,
absence from, or return to business;
(5) announcement of additions to or deletions from
professional registered staff; and
(6) the issuance of business or appointment cards.
It is unlawful for any person registered under this Act
to use testimonials or claims of superior quality of care to
entice the public. It shall be unlawful to advertise fee
comparisons of available services with those of other persons
providing acupuncture services.
This Act does not authorize the advertising of
professional services that the offeror of such services is
not licensed registered to render. Nor shall the advertiser
use statements that contain false, fraudulent, deceptive, or
misleading material or guarantees of success, statements that
play upon the vanity or fears of the public, or statements
that promote or produce unfair competition.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/105 new)
Sec. 105. Unlicensed practice; civil penalty. A person
who practices, offers to practice, attempts to practice, or
holds himself or herself out to practice as a licensed
acupuncturist without being licensed under this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department in an amount not to exceed $5,000
for each offense as determined by the Department. The civil
penalty shall be assessed by the Department after a hearing
is held in accordance with the provisions set forth in this
Act regarding the provision of a hearing for the discipline
of a licensee.
(225 ILCS 2/110)
Sec. 110. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew,
place on probation, suspend, revoke or take other
disciplinary action as deemed appropriate including the
imposition of or may revoke a registration or impose fines
not to exceed $5,000 for each violation, as the Department
may deem proper, with regard to a license registration for
any one or combination of the following causes:
(1) Violations of the Act or its rules.
(2) Conviction of any crime under the laws of any
U.S. jurisdiction that is (i) a felony, (ii) a
misdemeanor, an essential element of which is dishonesty,
or (iii) directly related to the practice of the
profession.
(3) Making any misrepresentation for the purpose of
obtaining a license registration.
(4) Aiding or assisting another person in violating
any provision of this Act or its rules.
(5) Failing to provide information within 60 days
in response to a written request made by the Department
which has been sent by certified or registered mail to
the licensee's registrant's last known address.
(6) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to one
set forth in this Section.
(7) Solicitation of professional services by means
other than permitted under this Act advertising.
(8) Failure to provide a patient with a copy of his
or her record upon the written request of the patient.
(9) Gross negligence in the practice of acupuncture
Conviction by any court of competent jurisdiction, either
within or outside of this State, or any violation of any
law governing the practice of acupuncture; conviction in
this or another state of any crime which is a felony
under the laws of this State or conviction of a felony in
a federal court, if the Department determines after
investigation that the person has not been sufficiently
rehabilitated to warrant the public trust.
(10) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in an acupuncturist's
inability to practice with reasonable judgment, skill, or
safety.
(11) (10) A finding that licensure registration has
been applied for or obtained by fraudulent means.
(12) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(13) (11) Being named as a perpetrator in an
indicated report by the Department of Children and Family
Services under the Abused and Neglected Child Reporting
Act and upon proof by clear and convincing evidence that
the licensee registrant has caused a child to be an
abused child or a neglected child as defined in the
Abused and Neglected Child Reporting Act.
(14) (12) Wilfully failing to report an instance of
suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.
(15) (13) The use of any words, abbreviations,
figures or letters (such as Acupuncturist, Licensed
Registered Acupuncturist, Certified Acupuncturist, C.A.,
Act., Lic. Reg. Act., or Lic. Reg. Ac.) with the
intention of indicating practice as a licensed registered
acupuncturist without a valid license registration as an
acupuncturist issued under this Act.
(16) Using testimonials or claims of superior
quality of care to entice the public or advertising fee
comparisons of available services with those of other
persons providing acupuncture services.
(17) Advertising of professional services that the
offeror of the services is not licensed to render.
Advertising of professional services that contains false,
fraudulent, deceptive, or misleading material or
guarantees of success, statements that play upon the
vanity or fears of the public, or statements that promote
or produce unfair competition.
(14) The performance of acupuncture service in
conjunction with a scheme or plan with another person,
firm, or corporation known by the registrant to be
advertising in a manner contrary to this Act or otherwise
violating the laws of the State of Illinois concerning
the practice of acupuncture.
(18) (15) Having treated ailments of human beings
other than by the practice of acupuncture as defined in
this Act, or having treated ailments of human beings as a
licensed registered acupuncturist independent of a
written referral order from a physician or dentist, or
having failed to notify the physician or dentist who
established the diagnosis that the patient is receiving
acupuncture treatment pursuant to that diagnosis.
(19) Unethical, unauthorized, or unprofessional
conduct as defined by rule.
(20) Physical illness including but not limited to
deterioration through the aging process, mental illness,
or disability that results in the inability to practice
the profession with reasonable judgment, skill, and
safety.
(21) Violation of the Health Care Worker
Self-Referral Act.
The entry of an order by a circuit court establishing
that any person holding a license under this Act is subject
to involuntary admission or judicial admission as provided
for in the Mental Health and Developmental Disabilities Code
operates as an automatic suspension of that license. That
person may have his or her license restored only upon the
determination by a circuit court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient and upon the Board's recommendation to the Department
that the license be restored. Where the circumstances so
indicate, the Board may recommend to the Department that it
require an examination prior to restoring a suspended
license.
The Department may refuse to issue or renew the license
registration of any person who fails to (i) file a return or
to pay the tax, penalty or interest shown in a filed return
or (ii) pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until the time that the
requirements of that tax Act are satisfied.
In enforcing this Section, the Department or Board upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied 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 Department or Board may order the
examining physician to present testimony concerning the
mental or physical examination of the licensee or applicant.
No information shall be excluded by reason of any common law
or statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. 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 this examination.
Failure of an individual to submit to a mental or physical
examination, when directed, shall be grounds for suspension
of his or her license until the individual submits to the
examination if the Department finds, after notice and
hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section,
the Department or Board may require that individual to submit
to care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term,
or restriction for continued, reinstated, or renewed
licensure to practice; or, in lieu of care, counseling, or
treatment, the Department may file, or the Board may
recommend to the Department to file, a complaint to
immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, reinstated, renewed, disciplined or
supervised subject to such terms, conditions, or
restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Director for a determination as to whether the individual
shall have his or her license suspended immediately, pending
a hearing by the Department.
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted
by applicable federal statutes and regulations safeguarding
the confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/130)
Sec. 130. Injunctions; criminal offenses; cease and
desist order.
(a) If any person violates the provisions of this Act,
the Director may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois or the State's Attorney for any county in which the
action is brought, petition for an order enjoining the
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition in court, the court
may issue a temporary restraining order, without notice or
condition bond, and may preliminarily and permanently enjoin
the violation. If it is established that the person has
violated or is violating the injunction, the Court may punish
the offender for contempt of court. Proceedings under this
Section shall be in addition to, and not in lieu of, all
other remedies and penalties provided by this Act.
(b) Whenever in the opinion of the Department a person
violates a provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should
not be entered against that person. The rule shall clearly
set forth the grounds relied upon by the Department and shall
allow at least 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.
(c) (b) Other than as provided in Section 20 of this
Act, if any person practices as an acupuncturist or holds
himself or herself out as a licensed registered acupuncturist
under this Act without being issued a valid existing license
registration by the Department, then any licensed registered
acupuncturist, any interested party, or any person injured
thereby may, in addition to the Director, petition for relief
as provided in subsection (a) of this Section.
Whoever knowingly practices or offers to practice
acupuncture in this State without being registered for that
purpose shall be guilty of a Class A misdemeanor and for each
subsequent conviction, shall be guilty of a Class 4 felony.
Notwithstanding any other provision of this Act, all criminal
fines, monies, or other property collected or received by the
Department under this Section or any other State or federal
statute, including, but not limited to, property forfeited to
the Department under Section 505 of the Illinois Controlled
Substances Act, shall be deposited into the Professional
Regulation Evidence Fund.
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue
a rule to show cause why an order to cease and desist should
not be entered against that person. The rule shall clearly
set forth the grounds relied upon the Department and shall
provide a period of 7 days from the date of the rule to file
an answer to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/135 new)
Sec. 135. Criminal violations. Whoever knowingly
practices or offers to practice acupuncture in this State
without being licensed for that purpose shall be guilty of a
Class A misdemeanor and for each subsequent conviction shall
be guilty of a Class 4 felony. Notwithstanding any other
provision of this Act, all criminal fines, moneys, or other
property collected or received by the Department under this
Section or any other State or federal statute, including but
not limited to property forfeited to the Department under
Section 505 of the Illinois Controlled Substances Act, shall
be deposited into the Professional Regulation Evidence Fund.
(225 ILCS 2/140)
Sec. 140. Investigation; notice; hearing. Licenses may
be refused, revoked, suspended, or otherwise disciplined in
the manner provided by this Act and not otherwise. The
Department may upon its own motion and shall upon the
verified complaint in writing of any person setting forth
facts that if proven would constitute grounds for refusal to
issue or for suspension or revocation under this Act,
investigate the actions of a person applying for, holding, or
claiming to hold a license. The Department shall, before
refusing to issue or renew, suspending, or revoking a license
or taking other discipline pursuant to Section 110 of this
Act, and at least 30 days prior to the date set for the
hearing, notify in writing the applicant or licensee of any
charges made, shall afford the applicant or licensee an
opportunity to be heard in person or by counsel in reference
to the charges, and direct the applicant or licensee to file
a written answer to the Department under oath within 20 days
after the service of the notice and inform the applicant or
licensee that failure to file an answer will result in
default being taken against the applicant or licensee and
that the license may be suspended, revoked, placed on
probationary status, or other disciplinary action may be
taken, including limiting the scope, nature, or extent of
practice, as the Director may deem proper. Written notice
may be served by personal delivery to the applicant or
licensee or by mailing the notice by certified mail to his or
her last known place of residence or to the place of business
last specified by the applicant or licensee in his or her
last notification to the Department. If the person fails to
file an answer after receiving notice, his or her license
may, in the discretion of the Department, be suspended,
revoked, or placed on probationary status or the Department
may take whatever disciplinary action deemed proper,
including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. At the time and
place fixed in the notice, the Department shall proceed to
hearing of the charges and both the applicant or licensee and
the complainant shall be afforded ample opportunity to
present, in person or by counsel, any statements, testimony,
evidence, and arguments that may be pertinent to the charges
or to their defense. The Department may continue a hearing
from time to time. If the Board is not sitting at the time
and place fixed in the notice or at the time and place to
which the hearing shall have been continued, the Department
may continue the hearing for a period not to exceed 30 days.
Investigation; notice; hearing. The Department may
investigate the actions of any applicant or of any person or
persons holding or claiming to hold a registration. Before
taking any disciplinary action with regard to any
registration, at least 30 days prior to the date set for the
hearing, the Department shall (i) notify the accused in
writing of any charges made and the time and place for a
hearing of the charges before the Department, (ii) direct him
or her to file a written answer with the Department under
oath within 20 days after the service of the notice, and
(iii) inform him or her that failure answer shall result in
default being taken against him or her and his or her
registration being disciplined, as the Department may deem
proper. The written notice may be served by personal
delivery or certified delivery or certified or registered
mail to the registrant. At the time and place fixed in the
notice, the Department shall proceed to hear the charges and
the parties, or their counsel, shall be accorded ample
opportunity to present any statements, testimony, evidence
and argument that may be pertinent to the charges or to their
defense. The Department may continue the hearing from time
to time. At the discretion of the Director, the accused
person's registration may be disciplined as the Director may
deem proper, including limiting the scope, nature, or extent
of the person's practice, without a hearing, if the act or
acts charged constitute sufficient grounds for that action
under this Act.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/145)
Sec. 145. Formal hearing; preservation of record. The
Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case involving the
refusal to issue or renew a license registration or
discipline of a licensee registrant. The notice of hearing,
complaint, and all other documents in the nature of pleadings
and written motions filed in the proceedings, the transcript
of testimony, the report of the hearing officer, and order of
the Department shall be the record of the proceeding.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/150)
Sec. 150. Witnesses; production of documents; contempt.
Any circuit court may, upon application of the Department or
its designee or of the applicant or licensee registrant
against whom proceedings under Section 140 of this Act are
pending, enter an order requiring the attendance of witnesses
and their testimony and the production of documents, papers,
files, books, and records in connection with any hearing or
investigation. The court may compel obedience to its order
by proceedings for contempt.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/152 new)
Sec. 152. Certification of record. The Department shall
not be required to certify a record to the court, file any
answer in court, or otherwise appear in any court in a
judicial review proceeding, unless there is filed in the
court with the complaint a receipt from the Department
acknowledging payment of the costs of furnishing and
certifying the record. Failure on the part of the plaintiff
to file a receipt in court shall be grounds for dismissal of
the action.
(225 ILCS 2/154 new)
Sec. 154. Compelling testimony. Any circuit court may,
upon application of the Department or its designee or of the
applicant or licensee against whom proceedings pursuant to
Section 140 of this Act are pending, enter an order requiring
the attendance of witnesses and their testimony, and the
production of documents, papers, files, books, and records in
connection with any hearing or investigation. The court may
compel obedience to its order through proceedings for
contempt.
(225 ILCS 2/155)
Sec. 155. Subpoena; oaths. The Department shall have
power to subpoena and bring before it any person in this
State and to take testimony either orally or by deposition or
both with the same fees and mileage and in the same manner as
prescribed by law in judicial proceedings in civil cases in
circuit courts of this State. The Department shall also have
the power to subpoena the production of documents, papers,
files, books, and records in connection with a hearing or
investigation.
The Director and the hearing officer designated by the
Director shall each have power to administer oaths to
witnesses at any hearing that the Department is authorized to
conduct under this Act and any other oaths required or
authorized to be administered by the Department under this
Act.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/160)
Sec. 160. Findings of facts, conclusions of law, and
recommendations. At the conclusion of the hearing, the
hearing officer shall present to the Director a written
report of its findings of fact, conclusions of law, and
recommendations. The report shall contain a finding whether
or not the accused person violated this Act or failed to
comply with the conditions required in this Act. The hearing
officer shall specify the nature of the violation or failure
to comply and shall make his or her recommendations to the
Director.
The report of findings of fact, conclusions of law, and
recommendations of the hearing officer may shall be the basis
of the order of the Department. If the Director disagrees in
any regard with the report of the hearing officer, the
Director shall may issue an order in contravention of the
report. Within 60 days after taking that action the Director
shall provide a written report to the hearing officer on any
deviation and shall specify with particularity the reasons
for the action in the final order. The finding is not
admissible in evidence against the person in a criminal
prosecution brought for the violation of this Act, but the
hearing and findings are not a bar to a criminal prosecution
brought for the violation of this Act.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/165)
Sec. 165. Hearing officer. The Director 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 for discipline of a license registration. The
hearing officer shall have full authority to conduct the
hearing. The hearing officer shall report his or her findings
of fact, conclusions of law, and recommendations to the Board
and the Director. The Board shall have 60 days after receipt
of the report to review the report of the hearing officer and
to present its findings of fact, conclusions of law, and
recommendations to the Director.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/170)
Sec. 170. Service of report; rehearing; order. In any
case involving the discipline of a license registration, a
copy of the hearing officer's report shall be served upon the
respondent by the Department, either personally or as
provided in this Act for the service of the notice of
hearing. Within 20 days after the service, the respondent
may present to the Department a motion in writing for a
rehearing that shall specify the particular grounds for
rehearing. If no motion for rehearing is filed, then upon
the expiration of the time specified for filing a motion, or
if a motion for rehearing is denied, then upon the denial the
Director may enter an order in accordance with this Act. If
the respondent orders from the reporting office and pays for
a transcript of the record within the time for filing a
motion for rehearing, the 20 day period within which the
motion may be filed shall commence upon the delivery of the
transcript to the respondent.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/175)
Sec. 175. Substantial justice to be done; rehearing.
Whenever the Director is satisfied that substantial justice
has not been done in the discipline of a license
registration, the Director may order a rehearing by the same
or another hearing officer.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/180)
Sec. 180. Order or certified copy as prima facie proof.
An order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall
be prima facie proof:
(1) that the signature is the genuine signature of
the Director; and
(2) that such Director is duly appointed and
qualified; and.
(3) that the Board and its members are qualified to
act.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/185)
Sec. 185. Restoration of license registration. At any
time after the suspension or revocation of any license
registration the Department may restore it to the accused
person, unless after an investigation and a hearing the
Department determines that restoration is not in the public
interest. Where circumstances of suspension or revocation so
indicate, the Department may require an examination of the
accused person prior to restoring his or her license.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/195)
Sec. 195. Imminent danger to public; temporary
suspension. The Director may temporarily suspend the license
registration of an acupuncturist without a hearing,
simultaneously with the institution of proceedings for a
hearing provided for in Section 140 of this Act, if the
Director finds that evidence in his or her possession
indicates that continuation in practice would constitute an
imminent danger to the public. In the event that the
Director temporarily suspends a license registration without
a hearing, a hearing by the Department must be held within 30
days after the suspension has occurred and be concluded
without appreciable delay.
(Source: P.A. 89-706, eff. 1-31-97.)
(225 ILCS 2/45 rep.)
(225 ILCS 2/205 rep.)
Section 15. The Acupuncture Practice Act is amended by
repealing Sections 45 and 205.
Section 17. The Illinois Dental Practice Act is amended
by changing Section 21 as follows:
(225 ILCS 25/21) (from Ch. 111, par. 2321)
Sec. 21. Fees. The fees for the administration and
enforcement of this Act, including but not limited to
original licensure, renewal, and restoration fees, shall be
set by the Department by rule. However, the fee for
application for renewal of a license as a dentist or
specialist is $75 per year and the fee for application for
renewal of a license as a dental hygienist is $37.50 per
year. The fees shall be nonrefundable. The Department is
authorized to impose the following nonrefundable fees:
(a) License as dentist or specialist.
(1) Application for temporary training or
restricted faculty license: $25.
(2) Application for initial license pursuant to
examination: $25.
(3) Applicants for any examination shall be
required to pay, either to the Department or to the
designated testing service, a fee covering the cost of
initial screening to determine eligibility and providing
the examination.
(4) Application for licensure from a person
licensed as a dentist under the laws of another state or
territory of the United States: $50.
(5) Application for renewal of a license: $50 per
year.
(6) Application for restoration of a license: $10
plus payment of all lapsed renewal fees.
(7) Application for inactive status: $10.
(8) Application for restoration from inactive
status: the current renewal fee.
(9) Application for restoration after failure to
notify Department of change of address: $15, plus payment
of all lapsed renewal fees.
(10) Application for an initial permit to
administer general anesthesia or parenteral conscious
sedation: $25.
(11) Application for renewal of a permit to
administer general anesthesia or parenteral conscious
sedation: $25 per year.
(b) License as dental hygienist.
(1) Application for initial license pursuant to
examination: $25.
(2) Applicants for any examination shall be
required to pay, either to the Department or to the
designated testing service, a fee covering the cost of
initial screening to determine eligibility and providing
the examination.
(3) Application for license from a person licensed
as a dental hygienist under the laws of another state or
territory of the United States: $50.
(4) Application for renewal of a license: $15 per
year.
(5) Application for restoration of a license: $10
plus payment of all lapsed renewal fees, but not to
exceed $85.
(6) Application for inactive status: $10.
(7) Application for restoration from inactive
status: the current renewal fee.
(c) General fees.
(1) Application for a duplicate license: $20.
(2) Application for a certification of a
registrant's record for any purpose: $20.
(3) Application to have the scoring of an
examination administered by the Department reviewed and
verified: $20, plus any fees charged by the applicable
testing service.
(4) The fee for a wall certificate showing a
license shall be the actual cost of producing such
certificate.
(5) The fee for a roster of persons licensed as
dentists or dental specialists or dental hygienists in
this State shall be the actual cost of producing such a
roster.
(6) The fee for dental licensing, disciplinary or
investigative records pursuant to a subpoena is $1 per
page.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
Section 20. The Marriage and Family Therapy Licensing Act
is amended by changing Sections 20, 25, 30, 40, 45, 55, 60,
65, 85, 90, 95, and 165 as follows:
(225 ILCS 55/20) (from Ch. 111, par. 8351-20)
Sec. 20. Powers and duties of the Department. Subject
to the provisions of this Act, the Department shall exercise
the following functions, powers, and duties:
(a) Conduct or authorize examinations to ascertain
the fitness and qualifications of applicants for
licensure and issue licenses to those who are found to be
fit and qualified.
(b) Prescribe rules and regulations for a method of
examination of candidates.
(b-5) Prescribe rules for determining approved
graduate programs and prepare and maintain a list of
colleges and universities offering approved programs.
(c) Conduct hearings on proceedings to revoke,
suspend, or refuse to issue licenses.
(d) Promulgate rules and regulations required for
the administration of this Act.
The Board may make recommendations on matters relating to
continuing education, including the number of hours necessary
for license renewal, waivers for those unable to meet the
requirements, and acceptable course content.
(Source: P.A. 87-783; 87-1237.)
(225 ILCS 55/25) (from Ch. 111, par. 8351-25)
Sec. 25. Marriage and Family Therapy Licensing and
Disciplinary Board.
(a) There is established within the Department the
Marriage and Family Therapy Licensing and Disciplinary Board
to be appointed by the Director. The Board shall be composed
of 7 persons who shall serve in an advisory capacity to the
Director. The Board shall elect a chairperson and a vice
chairperson chairman.
(b) In appointing members of the Board, the Director
shall give due consideration to recommendations by members of
the profession of marriage and family therapy and by the
statewide organizations solely representing the interests of
marriage and family therapists.
(c) Five members of the Board shall be marriage and
family therapists who have been in active practice for at
least 5 years immediately preceding their appointment, or
engaged in the education and training of masters, doctoral,
or post-doctoral students of marriage and family therapy, or
engaged in marriage and family therapy research. Each
marriage or family therapy teacher or researcher shall have
spent the majority of the time devoted to the study or
research of marriage and family therapy during the 2 years
immediately preceding his or her appointment to the Board.
The initial appointees shall be licensed under this Act
within one year after appointment to the Board.
(d) Two members shall be representatives of the general
public who have no direct affiliation or work experience with
the practice of marriage and family therapy and who clearly
represent consumer interests.
(e) Board members Of the first Board members appointed,
3 members shall be appointed to serve for 2 years, 2 shall be
appointed to serve for 3 years, and the remaining 2 shall be
appointed to serve for 4 years. Their successors shall be
appointed for terms of 4 years each, except that any person
chosen to fill a vacancy shall be appointed only for the
unexpired term of the Board member whom he or she shall
succeed. Upon the expiration of this term of office, a Board
member shall continue to serve until a successor is appointed
and qualified. No member shall be reappointed to the Board
for a term that would cause continuous service on the Board
to be longer than 8 years.
(f) The membership of the Board shall reasonably reflect
representation from the various geographic areas of the
State.
(g) Members of the Board shall be immune from suit in
any action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
(h) The Director may remove any member of the Board for
any cause that, in the opinion of the Director, reasonably
justifies termination.
(i) The Director may consider the recommendations of the
Board on questions of standards of professional conduct,
discipline, and qualification of candidates or licensees
under this Act.
(j) The members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses.
(k) A majority of the Board members currently appointed
shall constitute a quorum. A vacancy in the membership of the
Board shall not impair the right of a quorum to exercise all
the rights and perform all the duties of the Board.
(Source: P.A. 87-783; 87-1237.)
(225 ILCS 55/30) (from Ch. 111, par. 8351-30)
Sec. 30. Application.
(a) Applications for original licensure shall be made to
the Department in writing on forms prescribed by the
Department and shall be accompanied by the appropriate
documentation and the required fee, which fee is
nonrefundable. Any application shall require such
information as, in the judgment of the Department, will
enable the Department to pass on the qualifications of the
applicant for licensing.
(b) Applicants have 3 years from the date of application
to complete the application process. If the application has
not been completed within 3 years, the application shall be
denied, the fee shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(c) A license shall not be denied to an applicant
because of the applicant's race, religion, creed, national
origin, political beliefs or activities, age, sex, sexual
orientation, or physical impairment If an applicant neglects,
fails or refuses to take an examination, or fails to pass an
examination for a license under this Act within 3 years after
filing an application, the application is denied. However,
the applicant may thereafter make a new application
accompanied by the required fee and shall meet the
requirements in force at the time of making the new
application.
(Source: P.A. 87-783; 87-1237.)
(225 ILCS 55/40) (from Ch. 111, par. 8351-40)
Sec. 40. Qualifications for licensure.
(a) A person is qualified for licensure as a marriage
and family therapist if that person:
(1) is at least 21 years of age;
(2) has applied in writing on forms prepared and
furnished by the Department;
(3) (blank);
(4) has not engaged or is not engaged in any
practice or conduct that would be grounds for
disciplining a licensee under Section 85 of this Act;
(5) satisfies the education and experience
requirements of subsection (b) of this Section; and
(6) passes a written examination authorized by the
Department.
(b) Any person who applies to the Department shall be
issued a license by the Department if the person meets the
qualifications set forth in subsection (a) of this Section
and provides evidence to the Department that the person:
(1) holds a master's or doctoral degree in marriage
and family therapy approved by the Department from a
regionally accredited educational institution; holds a
master's or doctoral degree from a regionally accredited
educational institution in marriage and family therapy or
in a related field with an equivalent course of study in
marriage and family therapy that is recommended by the
Board and approved by the Department; or holds a master's
or doctoral degree from a program accredited by the
commission on accreditations for marriage and family
therapy education of the American Association for
Marriage and Family Therapists;
(2) following the receipt of the first qualifying
degree, has at least 2 years of experience, as defined by
rule, in the practice of marriage and family therapy,
including at least 1,000 hours of face-to-face contact
with couples and families for the purpose of evaluation
and treatment;
(3) has completed at least 200 hours of supervision
of marriage and family therapy, as defined by rule.
(Source: P.A. 89-387, eff. 8-20-95.)
(225 ILCS 55/45) (from Ch. 111, par. 8351-45)
Sec. 45. Licenses; renewals; restoration; person in
military service.
(a) The expiration date and renewal period for each
license issued under this Act shall be set by rule. As a
condition for renewal of a license, the licensee shall be
required to complete continuing education under requirements
set forth in rules of the Department.
(b) Any person who has permitted his or her license to
expire may have his or her license restored by making
application to the Department and filing proof acceptable to
the Department of fitness to have his or her license
restored, which may include sworn evidence certifying to
active practice in another jurisdiction satisfactory to the
Department, complying with any continuing education
requirements, and paying the required restoration fee.
(c) If the person has not maintained an active practice
in another jurisdiction satisfactory to the Department, the
Board shall determine, by an evaluation program established
by rule, the person's fitness to resume active status and may
require the person to complete a period of evaluated clinical
experience and successful completion of a practical
examination.
However, any person whose license expired while (i) in
federal service on active duty with the Armed Forces of the
United States or called into service or training with the
State Militia, or (ii) in training or education under the
supervision of the United States preliminary to induction
into the military service may have his or her license renewed
or restored without paying any lapsed renewal fees if, within
2 years after honorable termination of the service, training
or education, except under condition other than honorable, he
or she furnishes the Department with satisfactory evidence to
the effect that he or she has been so engaged and that the
service, training, or education has been so terminated.
(d) Any person who notifies the Department, in writing
on forms prescribed by the Department, may place his or her
license on inactive status and shall be excused from the
payment of renewal fees until the person notifies the
Department in writing of the intention to resume active
practice.
(e) Any person requesting his or her license be changed
from inactive to active status shall be required to pay the
current renewal fee and shall also demonstrate compliance
with the continuing education requirements.
(f) Any marriage and family therapist whose license is
nonrenewed or on inactive status shall not engage in the
practice of marriage and family therapy in the State of
Illinois and use the title or advertise that he or she
performs the services of a "licensed marriage and family
therapist".
(g) Any person violating subsection (f) of this Section
shall be considered to be practicing without a license and
will be subject to the disciplinary provisions of this Act.
(h) (Blank) A license to practice shall not be denied
any applicant because of the applicant's race, religion,
creed, national origin, political beliefs or activities, age,
sex, sexual orientation, or physical impairment.
(Source: P.A. 87-783; 87-1237.)
(225 ILCS 55/55) (from Ch. 111, par. 8351-55)
Sec. 55. Fees. The fees imposed under this Act are as
follows and are not refundable:
(a) Except as provided in subsection (c), the fees for
the administration and enforcement of this Act, including but
not limited to original licensure, renewal, and restoration,
shall be set by rule of the Department. The fees shall be
nonrefundable The fee for original application for a license
as a licensed marriage and family therapist is $100.
(b) (Blank) The fee for a temporary license is $100.
(c) In addition to the application fee, applicants for
the examination are required to pay, either to the Department
or the designated testing service, a fee covering the cost of
determining an applicant's eligibility and providing the
examination. Failure to appear for the examination on the
scheduled date, at the time and place specified, after the
applicant's application and fee for examination have been
received and acknowledged by the Department or the designated
testing service, shall result in the forfeiture of the fee.
(d) The fee for the renewal of a license is $60 per
year.
(e) The fee for the restoration of a license that has
been expired for 5 years or less is $20 plus payment of all
unpaid fees for every year the license has been lapsed.
(f) The fee for the restoration of a license that has
been expired for more than 5 years is $200.
(g) The fee for the issuance of a duplicate license, a
replacement license for a license that has been lost or
destroyed, or a license with a change of name or address,
other than during the renewal period is $20. No fee is
required for name and address changes on Department records
when no duplicate license is issued.
(h) The fee for the certification of a license for any
purpose is $20.
(i) The fee to have the scoring of an examination
administered by the Department reviewed and verified is $20,
plus any fee charged by the testing service.
(j) The fee for a wall license is the actual cost of
producing the license.
(k) The fee for a roster of persons licensed as marriage
and family therapists is the actual cost of production of the
roster.
(l) The fee for application for a license by a marriage
and family therapist licensed under the laws of another
jurisdiction is $200.
(m) The fee for application as a continuing education
sponsor is $500. State agencies, State colleges and State
universities in Illinois are exempt from paying this fee.
(n) The fee for renewal as a continuing education
sponsor is $125 per year.
(Source: P.A. 87-783; 87-1237.)
(225 ILCS 55/60) (from Ch. 111, par. 8351-60)
Sec. 60. Payments; penalty for insufficient funds. Any
person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. If a person practices without
paying the renewal fee or issuance fee and the fine due, an
additional fine of $100 shall be imposed. The fines imposed
by this Section are in addition to any other discipline
provided under this Act prohibiting unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to
the Department by certified check or money order within 30
calendar days after notification. If, after the expiration of
30 days from the date of the notification, the person has
failed to submit the necessary remittance, the Department
shall automatically terminate the license or certificate or
deny the application, without hearing. If, after termination
or denial, the person seeks a license or certificate, he or
she shall apply to the Department for restoration or issuance
of the license or certificate and pay all fees and fines due
to the Department. The Department may establish a fee for the
processing of an application for restoration of a license or
certificate to pay all expenses of processing this
application. The Director may waive the fines due under this
Section in individual cases where the Director finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 87-783; 87-1031; 87-1237; 88-45.)
(225 ILCS 55/65) (from Ch. 111, par. 8351-65)
Sec. 65. Endorsement. The Department may issue a license
as a licensed marriage and family therapist, without the
required examination, to an applicant licensed under the laws
of another state if the requirements for licensure in that
state are, on the date of licensure, substantially equal to
the requirements of this Act or to a person who, at the time
of his or her application for licensure, possessed individual
qualifications that were substantially equivalent to the
requirements then in force in this State. An applicant under
this Section shall pay all of the required fees.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed within the 3 years, the application shall be
denied, the fee shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 87-783; 87-1237.)
(225 ILCS 55/85) (from Ch. 111, par. 8351-85)
Sec. 85. Refusal, revocation or suspension.
(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 action as the Department may deem
proper, including fines not to exceed $1000 for each
violation, with regard to any licensee or certificate for any
one or combination of the following causes:
(1) Material misstatement in furnishing information
to the Department.
(2) Violations of this Act or its rules.
(3) Conviction of any crime under the laws of the
United States or any state or territory thereof that is
(i) a felony, (ii) a misdemeanor, an essential element of
which is dishonesty, or (iii) a crime that which is
related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license or violating any provision of this
Act or its rules.
(5) Professional incompetence or gross negligence.
(6) Malpractice.
(7) Aiding or assisting another person in violating
any provision of this Act or its rules.
(8) Failing, within 60 days, to provide information
in response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional
conduct adopted by the Board and published by the
Department.
(10) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in the inability to practice
with reasonable judgment, skill, or safety.
(11) Discipline by another state, territory, or
country if at least one of the grounds for the discipline
is the same or substantially equivalent to those set
forth in this Act.
(12) 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.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(14) Abandonment of a patient without cause.
(15) Willfully making or filing false records or
reports relating to a licensee's practice, including but
not limited to, false records filed with State agencies
or departments.
(16) Wilfully failing to report an instance of
suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Physical or mental disability, including
deterioration through the aging process, or loss of
abilities and skills that which results in the inability
to practice the profession with reasonable judgment,
skill, or safety.
(19) Solicitation of professional services by using
false or misleading advertising.
(20) A finding that licensure has been applied for
or obtained by fraudulent means.
(21) Practicing or attempting to practice under a
name other than the full name as shown on the license or
any other legally authorized name.
(22) Gross overcharging for professional services
including filing statements for collection of fees or
moneys monies for which services are not rendered.
(b) The Department shall deny any application for a
license, without hearing, or renewal under this Act to any
person who has defaulted on an educational loan guaranteed by
the Illinois Student Assistance Commission; however, the
Department may issue a license or renewal if the person in
default has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension
will terminate only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and the issuance of an order so finding
and discharging the patient, and upon the recommendation of
the Board to the Director that the licensee be allowed to
resume his or her practice as a licensed marriage and family
therapist.
(d) The Department may refuse to issue or may suspend
the license of any person who fails to file a return, pay the
tax, penalty, or interest shown in a filed return or pay any
final assessment of tax, penalty, or interest, as required by
any tax Act administered by the Illinois Department of
Revenue, until the time the requirements of the tax Act are
satisfied.
(e) In enforcing this Section, the Department or Board
upon a showing of a possible violation may compel an
individual licensed to practice under this Act, or who has
applied 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 Department or Board may order
the examining physician to present testimony concerning the
mental or physical examination of the licensee or applicant.
No information shall be excluded by reason of any common law
or statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. 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 this examination.
Failure of an individual to submit to a mental or physical
examination, when directed, shall be grounds for suspension
of his or her license until the individual submits to the
examination if the Department finds, after notice and
hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section,
the Department or Board may require that individual to submit
to care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term,
or restriction for continued, reinstated, or renewed
licensure to practice; or, in lieu of care, counseling, or
treatment, the Department may file, or the Board may
recommend to the Department to file, a complaint to
immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, reinstated, renewed, disciplined or
supervised subject to such terms, conditions, or
restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Director for a determination as to whether the individual
shall have his or her license suspended immediately, pending
a hearing by the Department.
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted
by applicable federal statutes and regulations safeguarding
the confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
(Source: P.A. 87-783; 87-1237.)
(225 ILCS 55/90) (from Ch. 111, par. 8351-90)
Sec. 90. Violations; injunctions; cease and desist
order.
(a) If any person violates a provision of this Act, the
Director may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, petition for an order enjoining the violation or
for an order enforcing compliance with this Act. Upon the
filing of a verified petition in court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the Court may punish the offender for contempt of
court. Proceedings under this Section are in addition to,
and not in lieu of, all other remedies and penalties provided
by this Act.
(b) If any person practices as a marriage and family
therapist or holds himself or herself out as such without
having a valid license certificate under this Act, then any
licensee, any interested party or any person injured thereby
may, in addition to the Director, petition for relief as
provided in subsection (a) of this Section.
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue
a rule to show cause why an order to cease and desist should
not be entered against him or her. The rule shall clearly
set forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file
an answer to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.
(Source: P.A. 87-783.)
(225 ILCS 55/95) (from Ch. 111, par. 8351-95)
Sec. 95. Investigation; notice and hearing. The
Department may investigate the actions or qualifications of
any person or persons holding or claiming to hold a license
certificate of registration. Before suspending, revoking,
placing on probationary status, or taking any other
disciplinary action as the Department may deem proper with
regard to any license or certificate of registration, at
least 30 days before the date set for the hearing, the
Department shall (i) notify the accused in writing of any
charges made and the time and place for a hearing on the
charges before the Board, (ii) direct him or her to file a
written answer to the charges with the Board under oath
within 20 days after the service on him or her of such
notice, and (iii) inform him or her that if he or she fails
to file an answer, default will be taken against him or her
and his or her license or certificate of registration may be
suspended, revoked, placed on probationary status, or other
disciplinary action taken with regard to the license or
certificate, including limiting the scope, nature, or extent
of his or her practice, as the Department may deem proper. In
case the person, after receiving notice, fails to file an
answer, his or her license or certificate may, in the
discretion of the Department, be suspended, revoked, placed
on probationary status, or the Department may take whatever
disciplinary action deemed proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient for such action under this Act.
This written notice and any notice in the subsequent
proceedings may be served by personal delivery to the accused
person, or by registered or certified mail to the address
last specified by the accused in his last notification to the
Department. In case the person fails to file an answer after
receiving notice, his or her license or certificate may, in
the discretion of the Department, be suspended, revoked, or
placed on probationary status, or the Department may take
whatever disciplinary action deemed proper, including
limiting the scope, nature, or extent of the person's
practice or the imposition of a fine, without a hearing, if
the act or acts charged constitute sufficient grounds for
such action under this Act. The written answer shall be
served by personal delivery, certified delivery, or certified
or registered mail to the Department. At the time and place
fixed in the notice, the Department shall proceed to hear the
charges and the parties or their counsel shall be accorded
ample opportunity to present such statements, testimony,
evidence, and argument as may be pertinent to the charges or
to the defense thereto. The Department may continue such
hearing from time to time. At the discretion of the Director
after having first received the recommendation of the Board,
the accused person's license certificate of registration may
be suspended or revoked, if the evidence constitutes
sufficient grounds for such action under this Act.
(Source: P.A. 87-783; 87-1031; 87-1237; 88-45.)
(225 ILCS 55/165) (from Ch. 111, par. 8351-165)
Sec. 165. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is expressly adopted
and incorporated in this Act as if all of the provisions of
that Act were included in this Act, except that the provision
of paragraph (d) of Section 10-65 of the Illinois
Administrative Procedure Act, which provides that at hearings
the license certificate holder has the right to show
compliance with all lawful requirements for retention,
continuation or renewal of the certificate, is specifically
excluded. For the purpose of this Act the notice required
under Section 10-25 of the Illinois Administrative Procedure
Act is deemed sufficient when mailed to the last known
address of a party.
(Source: P.A. 87-783; 88-670, eff. 12-2-94.)
(225 ILCS 55/50 rep.)
Section 25. The Marriage and Family Therapy Licensing Act
is amended by repealing Section 50.
Section 30. The Illinois Nursing Act of 1987 is amended
by changing Sections 3, 4, 7, 10, 11, 12, 14, 16, 17, 21, 23,
24, 25, 26, 27, 30, 32, 33, 35, 36, 37, 38, 39, 40, 42, 43,
and 47 as follows:
(225 ILCS 65/3) (from Ch. 111, par. 3503)
Sec. 3. Definitions. Each of the following terms, when
used in this Act, shall have the meaning ascribed to it in
this Section, except where the context clearly indicates
otherwise:
(a) "Department" means the Department of Professional
Regulation;
(b) "Director" means the Director of the Department of
Professional Regulation;
(c) "Board Committee" means the Board of Committee on
Nursing appointed by the Director;
(d) "Academic year" means the customary annual schedule
of courses at a college, university, or approved school,
customarily regarded as the school year as distinguished from
the calendar year;
(e) "Approved program of professional nursing education"
and "approved program of practical nursing education" are
programs of professional or practical nursing, respectively,
approved by the Department under the provisions of this Act;
(f) "Nursing Act Coordinator" means a registered
professional nurse appointed by the Director to carry out the
administrative policies of the Department;
(g) "Assistant Nursing Act Coordinator" means a
registered professional nurse appointed by the Director to
assist in carrying out the administrative policies of the
Department;
(h) "Registered" is the equivalent of "licensed";
(i) "Practical nurse" or "licensed practical nurse"
means a person who is licensed as a practical nurse under
this Act and practices practical nursing as defined in
paragraph (j) of this Section. Only a practical nurse
licensed under this Act is entitled to use the title
"licensed practical nurse" and the abbreviation "L.P.N.";
(j) "Practical nursing" means the performance, for
compensation, of acts in the care of the ill, injured, or
infirmed, selected by and performed under the direction of a
registered professional nurse, licensed physician, dentist,
or podiatrist, requiring the basic nursing skill, judgment,
and knowledge acquired by means of a completed course of
study in an approved practical nursing education program;
(k) "Registered nurse" or "registered professional
nurse" means a person who is licensed as a professional nurse
under this Act and practices nursing as defined in paragraph
(l) of this Section. Only a registered nurse licensed under
this Act is entitled to use the titles "registered nurse" and
"registered professional nurse" and the abbreviation, "R.N.";
(l) "Professional nursing" includes all its specialties,
and means the performance for compensation of any nursing
act, (1) in the nursing evaluation, observation, care, and
counsel of the ill, injured, or infirmed; (2) in the
maintenance of health or prevention of illness of others; (3)
in the administration of medications and treatments as
prescribed by a licensed physician, dentist, or podiatrist;
or (4) any act in the supervision or teaching of nursing,
which requires substantial, specialized judgment and skill
the proper performance of which is based on knowledge and
application of the principles of biological, physical, and
social science acquired by means of a completed course in an
approved school of professional nursing. The foregoing shall
not be deemed to include those acts of medical diagnosis or
prescription of therapeutic or corrective measures that which
are properly performed only by physicians licensed in the
State of Illinois; and
(m) "Current nursing practice update course" means a
planned nursing education curriculum approved by the
Department consisting of activities that which have
educational objectives, instructional methods, content or
subject matter, clinical practice, and evaluation methods,
related to basic review and updating content and specifically
planned for those nurses previously licensed in the United
States or its territories and preparing for reentry into
nursing practice.
(Source: P.A. 85-981.)
(225 ILCS 65/4) (from Ch. 111, par. 3504)
Sec. 4. Policy; application of Act. For the protection of
life and the promotion of health, and the prevention of
illness and communicable diseases, any person practicing or
offering to practice professional and practical nursing in
Illinois shall submit evidence that he or she is qualified to
practice, and shall be licensed as hereinafter provided under
this Act. No person shall practice or offer to practice
professional or practical nursing in Illinois or use any
title, sign, card or device to indicate that such a person is
practicing professional or practical nursing unless such
person has been licensed under the provisions of this Act.
This Act does not prohibit the following:
(a) The practice of nursing in Federal employment in the
discharge of the employee's duties by a person who is
employed by the United States government or any bureau,
division or agency thereof and is a legally qualified and
licensed nurse of another state or territory and not in
conflict with Sections 6, 12, 13, and 25 of this Act;
(b) Nursing that which is included in their program of
study by students enrolled in programs of nursing or in
current nurse practice update courses approved by the
Department;
(c) The furnishing of nursing assistance in an
emergency;
(d) The practice of nursing by a nurse who holds an
active license in another state when providing services to
patients in Illinois during a bonafide emergency or in
immediate preparation for or during interstate transit;
(e) The incidental care of the sick by members of the
family, domestic servants or housekeepers, or care of the
sick where treatment is by prayer or spiritual means;
(f) Persons from being employed as nursing aides,
attendants, orderlies and other auxiliary workers in private
homes, long term care facilities, nurseries, hospitals or
other institutions;
(g) The practice of practical nursing by one who has
applied in writing to the Department in form and substance
satisfactory to the Department, for a license as a licensed
practical nurse and has complied with all the provisions
under Section 12 13, except the passing of an examination to
be eligible to receive such license, until: the decision of
the Department that the applicant has failed to pass the next
available examination authorized by the Department, or
failed, without an approved excuse, to take the next
available examination authorized by the Department, or the
withdrawal of the application, not to exceed 3 months. No
applicant for licensure practicing under the provisions of
this paragraph shall practice practical nursing except under
the direct supervision of a registered professional nurse
licensed under this Act or a licensed physician, dentist or
podiatrist. In no instance shall any such applicant practice
or be employed in any supervisory capacity;
(h) The practice of practical nursing by one who is a
licensed practical nurse under the laws of another U.S.
jurisdiction and has applied in writing to the Department, in
form and substance satisfactory to the Department, for a
license as a licensed practical nurse and who is qualified to
receive such license under Section 12 13, until: (1) the
expiration of 6 months after the filing of such written
application, or (2) the withdrawal of such application, or
(3) the denial of such application by the Department;
(i) The practice of professional nursing by one who has
applied in writing to the Department in form and substance
satisfactory to the Department for a license as a registered
professional nurse and has complied with all the provisions
under Section 12 except the passing of an examination to be
eligible to receive such license until: the decision of the
Department that the applicant has failed to pass the next
available examination authorized by the Department, or
failed, without an approved excuse, to take the next
available examination authorized by the Department or the
withdrawal of the application, not to exceed 3 months. No
applicant for licensure practicing under the provisions of
this paragraph shall practice professional nursing except
under the direct supervision of a registered professional
nurse licensed under this Act. In no instance shall any such
applicant practice or be employed in any supervisory
capacity;
(j) The practice of professional nursing by one who is a
registered professional nurse under the laws of another
state, territory of the United States or country and has
applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as a registered
professional nurse and who is qualified to receive such
license under Section 12, until: (1) the expiration of 6 12
months after the filing of such written application, or (2)
the withdrawal of such application, or (3) the denial of such
application by the Department;
(k) The practice of professional nursing that which is
included in a program of study by one who is a registered
professional nurse under the laws of another state or
territory of the United States or foreign country, territory
or province and who is enrolled in a graduate nursing
education program or a program for the completion of a
baccalaureate nursing degree in this State which program
includes clinical supervision by faculty as determined by the
educational institution offering the program and the health
care organization where the practice of nursing occurs. The
educational institution will file with the Department each
academic term a list of the names and origin of license of
all professional nurses practicing nursing as part of their
programs under this provision; or
(l) Any person licensed in this State under any other
Act from engaging in the practice for which she or he is
licensed.
An applicant for license practicing under the exceptions
set forth in subparagraphs (g), (h), (i), and (j) of this
Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
Pend. respectively and no other.
(Source: P.A. 85-981.)
(225 ILCS 65/7) (from Ch. 111, par. 3507)
Sec. 7. Board.
(a) The Director shall appoint the Board Committee which
shall be composed of 9 registered professional nurses, 2
licensed practical nurses and one public member who shall
also be a voting non-voting member and who is not a licensed
health care provider. Two Three registered nurses shall hold
at least a master's degree in nursing and be educators in
professional nursing programs, one representing baccalaureate
nursing education, one representing associate degree nursing
education, and one representing diploma education; one
registered nurse shall hold at least a bachelor's degree with
a major in nursing and be an educator in a licensed practical
nursing program; one registered nurse shall hold a master's
degree in nursing and shall represent nursing service
administration; 2 registered nurses shall represent clinical
nursing practice, one of whom shall have at least a master's
degree in nursing; and 2 registered nurses shall represent
advanced specialty practice. Each of the 11 nurses shall have
had a minimum of 5 years experience in nursing, 3 three of
which shall be in the area they represent on the Board
committee and be actively engaged in the area of nursing they
represent at the time of appointment and during their tenure
on the Board Committee. Members shall be appointed for a
term of 3 years. No member shall be eligible for appointment
to more than 2 consecutive terms and any appointment to fill
a vacancy shall be for the unexpired portion of the term. In
making Board Committee appointments, the Director shall give
consideration to recommendations submitted by nursing
organizations. Consideration shall be given to equal
geographic representation. The Board Committee shall receive
actual and necessary expenses incurred in the performance of
their duties.
In making the initial appointments, the Director shall
appoint all new members for terms of 2, 3 and 4 years and
such terms shall be staggered as follows: 3 shall be
appointed for terms of 2 years; 3 shall be appointed for
terms of 3 years;, and 3 shall be appointed for terms of 4
years. However, such appointment shall be made in a manner
so that each member appointed prior to January 1, 1987, whose
current appointed term has not expired, will be allowed to
serve out the remainder of his or her term.
The Director may remove any member of the Board committee
for misconduct, incapacity, or neglect of duty. The Director
shall reduce to writing any causes for removal.
The Board Committee shall meet annually to elect a
chairperson and vice chairperson. The Board Committee may
hold such other meetings during the year as may be necessary
to conduct its business. Six voting members of the Board
Committee shall constitute a quorum at any meeting. Any
action taken by the Board Committee must be on the
affirmative vote of 6 members. Voting by proxy shall not be
permitted.
The Board Committee shall submit an annual report to the
Director.
The members of the Board Committee shall be immune from
suit in any action based upon any disciplinary proceedings or
other acts performed in good faith as members of the Board
Committee.
(b) The Board Committee is authorized to:
(1) recommend the adoption and, from time to time,
the revision of such rules that and regulations which may
be necessary to carry out the provisions of this Act;
(2) conduct hearings and disciplinary conferences
upon charges calling for discipline of a licensee as
provided in Section 25;
(3) report to the Department, upon completion of a
hearing, the disciplinary actions recommended to be taken
against persons violating this Act;
(4) recommend the approval, denial of approval,
withdrawal of approval, or discipline of nursing
education programs;
(5) participate in a national organization of state
boards of nursing; and
(6) recommend a list of the registered nurses to
serve as Nursing Act Coordinator and Assistant Nursing
Act Coordinator, respectively.
(Source: P.A. 87-268.)
(225 ILCS 65/10) (from Ch. 111, par. 3510)
Sec. 10. Department powers and duties.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for
administration of licensing acts and shall exercise such
other powers and duties necessary for effectuating the
purpose of this Act. None of the functions, powers or duties
of the Department with respect to licensure and examination,
shall be exercised by the Department except upon review by
the Board Committee. The Department shall promulgate rules
to implement, interpret, or make specific the provisions and
purposes of this Act; however no such rulemaking shall be
promulgated by the Department except upon review by the Board
the affirmative vote of 5 members of the Committee.
(b) The Department shall:
(1) (blank); Issue quarterly to the Committee a
report of the status of all formal complaints filed by
the Department and significant issues as determined by
the Committee.
(2) prepare and maintain a list of approved
programs of professional nursing education and programs
of practical nursing education in this State, whose
graduates, if they have the other necessary
qualifications provided in this Act, shall be eligible to
apply for a license to practice nursing in this State;
(3) promulgate rules defining what constitutes an
approved program of professional nursing education and
what constitutes an approved program of practical nursing
education; and
(4) promulgate rules for examination of candidates
for licenses; and for issuance of licenses authorizing
candidates upon passing an examination to practice under
this Act.
(Source: P.A. 85-981.)
(225 ILCS 65/11) (from Ch. 111, par. 3511)
Sec. 11. Nursing Act Coordinator. The Department shall
obtain, pursuant to the Personnel Code, as amended, a Nursing
Act Coordinator and assistants. The Nursing Act Coordinator
and assistants shall be professional nurses licensed in this
State and graduated from approved schools of nursing, and
each shall have been actively engaged in nursing education
not less than one year prior to appointment. The Nursing Act
Coordinator shall hold at least a master's degree in nursing
from an approved college or university; and have at least 5
years' experience since graduation in progressively
responsible positions in nursing education. Each assistant
shall hold at least a master's degree in nursing from an
approved college or university; and have at least 3 years'
experience since graduation in progressively responsible
positions in nursing education. The Nursing Act Coordinator
and assistants shall perform such administrative functions as
may be delegated to them by the Director.
(Source: P.A. 85-981.)
(225 ILCS 65/12) (from Ch. 111, par. 3512)
Sec. 12. Qualifications for licensure.
(a) Each applicant who successfully meets the
requirements of this Section shall be entitled to licensure
as a Registered Nurse or Licensed Practical Nurse, whichever
is applicable.
(b) An applicant for licensure by examination to
practice as a registered nurse or licensed practical nurse
shall:
(1) submit a completed written application, on
forms provided by the Department and fees as established
by the Department;
(2) for registered nurse licensure, have completed
an approved professional nursing education program of not
less than 2 academic years and have graduated from the
program; for licensed practical nurse licensure, have
completed an approved practical nursing education program
of not less than one academic year and have graduated
from the program;
(3) have not violated the provisions of Section 25
of this Act. The Department may take into consideration
any felony conviction of the applicant, but such a
conviction shall not operate as an absolute bar to
licensure;
(4) meet all other requirements as established by
rule;
(5) pay, either to the Department or its designated
testing service, a fee covering the cost of providing the
examination. Failure to appear for the examination on the
scheduled date at the time and place specified after the
applicant's application for examination has been received
and acknowledged by the Department or the designated
testing service shall result in the forfeiture of the
examination fee.
If an applicant neglects, fails, or refuses to take an
examination or fails to pass an examination for a license
under this Act within 3 years after filing the application,
the application shall be denied. However, the applicant may
make a new application accompanied by the required fee and
provide evidence of meeting the requirements in force at the
time of the new application.
An applicant shall have one year from the date of
notification of successful completion of the examination to
apply to the Department for a license. If an applicant fails
to apply within one year, the applicant shall be required to
again take and pass the examination unless licensed in
another jurisdiction of the United States within 2 years of
passing the examination.
(c) An applicant for licensure who is a registered
professional nurse or a licensed practical nurse licensed by
examination under the laws of another state or territory of
the United States shall:
(1) submit a completed written application, on
forms supplied by the Department, and fees as established
by the Department;
(2) for registered nurse licensure, have completed
an approved professional nursing education program of not
less than 2 academic years and have graduated from the
program; for licensed practical nurse licensure, have
completed an approved practical nursing education program
of not less than one academic year and have graduated
from the program;
(3) submit verification of licensure status
directly from the United States jurisdiction of
licensure;
(4) have passed the examination authorized by the
Department;
(5) meet all other requirements as established by
rule.
(d) All applicants for licensure pursuant to this
Section who are graduates of nursing educational programs in
a country other than the United States or its territories
must submit to the Department certification of successful
completion of the Commission of Graduates of Foreign Nursing
Schools (CGFNS) examination. An applicant, who is unable to
provide appropriate documentation to satisfy CGFNS of her or
his educational qualifications for the CGFNS examination,
shall be required to pass an examination to test competency
in the English language which shall be prescribed by the
Department, if the applicant is determined by the Board to be
educationally prepared in nursing. The Board shall make
appropriate inquiry into the reasons for any adverse
determination by CGFNS before making its own decision.
An applicant licensed in another state or territory who
is applying for licensure and has received her or his
education in a country other than the United States or its
territories shall be exempt from the completion of the
Commission of Graduates of Foreign Nursing Schools (CGFNS)
examination if the applicant meets all of the following
requirements:
(1) successful passage of the licensure examination
authorized by the Department;
(2) holds an active, unencumbered license in
another state; and
(3) has been actively practicing for a minimum of 2
years in another state.
(e) No applicant shall be issued a license as a
registered nurse or practical nurse under this Section unless
he or she has passed the examination authorized by the
Department within 3 years of completion and graduation from
an approved nursing education program, unless such applicant
submits proof of successful completion of a
Department-authorized remedial nursing education program or
recompletion of an approved registered nursing program or
licensed practical nursing program, as appropriate.
(f) Pending the issuance of a license under subsection
(b) of this Section, the Department may grant an applicant a
temporary license to practice nursing as a registered nurse
or as a licensed practical nurse if the Department is
satisfied that the applicant holds an active, unencumbered
license in good standing in another jurisdiction. If the
applicant holds more than one current active license, or one
or more active temporary licenses from other jurisdictions,
the Department shall not issue a temporary license until it
is satisfied that each current active license held by the
applicant is unencumbered. The temporary license, which
shall be issued no later than 14 working days following
receipt by the Department of an application for the temporary
license, shall be granted upon the submission of the
following to the Department:
(1) a signed and completed application for
licensure under subsection (a) of this Section as a
registered nurse or a licensed practical nurse;
(2) proof of a current, active license in at least
one other jurisdiction and proof that each current active
license or temporary license held by the applicant is
unencumbered;
(3) a signed and completed application for a
temporary license; and
(4) the required permit fee.
(g) The Department may refuse to issue an applicant a
temporary license authorized pursuant to this Section if,
within 14 working days following its receipt of an
application for a temporary license, the Department
determines that:
(1) the applicant has been convicted of a crime
under the laws of a jurisdiction of the United States:
(i) which is a felony; or (ii) which is a misdemeanor
directly related to the practice of the profession,
within the last 5 years;
(2) within the last 5 years the applicant has had a
license or permit related to the practice of nursing
revoked, suspended, or placed on probation by another
jurisdiction, if at least one of the grounds for
revoking, suspending, or placing on probation is the same
or substantially equivalent to grounds in Illinois; or
(3) it intends to deny licensure by endorsement.
For purposes of this Section, an "unencumbered license"
means a license against which no disciplinary action has been
taken or is pending and for which all fees and charges are
paid and current.
(h) The Department may revoke a temporary license issued
pursuant to this Section if:
(1) it determines that the applicant has been
convicted of a crime under the law of any jurisdiction of
the United States that is (i) a felony or (ii) a
misdemeanor directly related to the practice of the
profession, within the last 5 years;
(2) it determines that within the last 5 years the
applicant has had a license or permit related to the
practice of nursing revoked, suspended, or placed on
probation by another jurisdiction, if at least one of the
grounds for revoking, suspending, or placing on probation
is the same or substantially equivalent to grounds in
Illinois; or
(3) it determines that it intends to deny licensure
by endorsement.
A temporary license or renewed temporary license shall
expire (i) upon issuance of an Illinois license or (ii) upon
notification that the Department intends to deny licensure by
endorsement. A temporary license shall expire 6 months from
the date of issuance. Further renewal may be granted by the
Department in hardship cases, as defined by rule. However, a
temporary license shall automatically expire upon issuance of
the Illinois license or upon notification that the Department
intends to deny licensure, whichever occurs first. No
extensions shall be granted beyond the 6-month period unless
approved by the Director. Notification by the Department
under this Section shall be by certified or registered mail.
The Department shall issue a license to a person qualified
for licensure as a registered professional nurse if that
person:
(a) has applied in writing in form and substance
acceptable to the Department and has not violated the
provisions of Section 25 of this Act. The Department may
take into consideration any felony conviction of the
applicant, but such a conviction shall not operate as an
absolute bar to licensure;
(b) has completed an approved professional nursing
education program of not less than 2 academic years and
has graduated from the program;
(c) has satisfactorily completed an examination
authorized by the Department; and
(d) has paid the required fees.
An applicant who received her or his nursing education in
a country other than the United States or its territories
shall be required to submit to the Department certification
of successful completion of the Commission of Graduates of
Foreign Nursing Schools (CGFNS) Examination. An applicant
who is unable to provide appropriate documentation to satisfy
CGFNS of her or his educational qualifications for the CGFNS
examination shall be required to pass an examination to test
competency in the English language which shall be prescribed
by the Department, if determined by the Committee to be
educationally prepared in nursing.
An applicant licensed in another State or territory who
is applying for licensure and has received his or her
education in a country other than the United States or its
territories shall be exempt from completion of the Commission
of Graduates of Foreign Nursing Schools (CGFNS) Examination
if the applicant meets all of the following requirements:
(1) successful passage of the examination
authorized by the Department;
(2) holds an active, unencumbered license in
another state; and
(3) has been actively practicing for a minimum of 2
years in the other state.
The Committee shall make appropriate inquiry into the
reasons for any adverse determination by CGFNS before making
its own decision.
(Source: P.A. 88-218.)
(225 ILCS 65/14) (from Ch. 111, par. 3514)
Sec. 14. Except for those applicants who have received
advanced graduate degrees in nursing from an approved program
with concurrent theory and clinical practice, the educational
requirements of Section 12 relating to registered
professional nursing and of Section 13 relating to licensed
practical nursing shall not be deemed to have been satisfied
by the completion of any correspondence course or any program
of nursing that which does not require coordinated or
concurrent theory and clinical practice.
(Source: P.A. 88-595, eff. 8-26-94.)
(225 ILCS 65/16) (from Ch. 111, par. 3516)
Sec. 16. Expiration of license; renewal. The expiration
date and renewal period for each license issued under this
Act shall be set by rule. The holder of a license may renew
the license such certificate during the month preceding the
expiration date of the license thereof by paying the required
fee. It is the responsibility of the licensee to notify the
Department in writing of a change of address.
(Source: P.A. 85-981.)
(225 ILCS 65/17) (from Ch. 111, par. 3517)
Sec. 17. Restoration of license; temporary permit.
(a) Any license issued under this Act that which has
expired or that which is on inactive status may be restored
by making application to the Department and filing proof of
fitness acceptable to the Department as specified by rule, to
have the license restored, and by paying the required
restoration fee. Such proof of fitness may include evidence
certifying to active lawful practice in another jurisdiction.
However, any license issued under this Act that which
expired while the licensee was (1) in federal service on
active duty with the Armed Forces of the United States, or
the State Militia called into service or training, or (2) in
training or education under the supervision of the United
States preliminary to induction into the military service,
may have the license restored without paying any lapsed
renewal fees if within 2 years after honorable termination of
such service, training, or education, the applicant furnishes
the Department with satisfactory evidence to the effect that
the applicant has been so engaged and that the individual's
service, training, or education has been so terminated.
Any licensee who shall engage in the practice of nursing
with a lapsed license or while on inactive status shall be
considered to be practicing without a license which shall be
grounds for discipline under Section 25 of this Act.
(b) Pending restoration of a license under subsection
(a) of this Section, the Department may grant an applicant a
temporary license permit to practice nursing as a registered
nurse or as a licensed practical nurse if the Department is
satisfied that the applicant holds an active, unencumbered
license in good standing in another jurisdiction. If the
applicant holds more than one current active license, or one
or more active temporary licenses permits from other
jurisdictions, the Department shall not issue a temporary
license permit until it is satisfied that each current active
license and permit held by the applicant is unencumbered. The
temporary license permit, which shall be issued no later than
14 working days following receipt by the Department of an
application for the license therefore, shall be granted upon
the submission of the following to the Department:
(1) a signed and completed application for
restoration of licensure under this Section as a
registered nurse or a licensed practical nurse;
(2) proof of (i) a current, active license in at
least one other jurisdiction and proof that each current,
active license or temporary permit held by the applicant
is unencumbered or (ii) fitness to practice nursing in
Illinois as specified by rule;
(3) a signed and completed application for a
temporary permit; and
(4) the required permit fee of $25.
(c) The Department may refuse to issue to an applicant a
temporary permit authorized under this Section if, within 14
working days following its receipt of an application for a
temporary permit, the Department determines that:
(1) the applicant has been convicted within the
last 5 years of any crime under the laws of any
jurisdiction of the United States that is (i) a felony
or (ii) a misdemeanor directly related to the practice of
the profession;
(2) within the last 5 years the applicant had a
license or permit related to the practice of nursing
revoked, suspended, or placed on probation by another
jurisdiction if at least one of the grounds for revoking,
suspending, or placing on probation is the same or
substantially equivalent to grounds in Illinois; or
(3) it is determined by the Department that it
intends to deny restoration of the license.
For purposes of this Section, an "unencumbered license"
means any license against which no disciplinary action has
been taken or is pending and for which all fees and charges
are paid and current.
(d) The Department may revoke a temporary permit issued
under this Section if:
(1) it determines that the applicant has been
convicted within the last 5 years of any crime under the
law of any jurisdiction of the United States that is (i)
a felony or (ii) a misdemeanor directly related to the
practice of the profession;
(2) within the last 5 years the applicant had a
license or permit related to the practice of nursing
revoked, suspended, or placed on probation by another
jurisdiction, if at least one of the grounds for
revoking, suspending, or placing on probation is the same
or substantially equivalent to grounds in Illinois; or
(3) it is determined by the Department that it
intends to deny restoration of the license.
A temporary permit or renewed temporary permit shall
expire (i) upon issuance of an Illinois license or (ii) upon
notification that the Department intends to deny restoration
of licensure. A temporary permit shall expire 6 months from
the date of issuance. Further renewal may be granted by the
Department, in hardship cases, that shall automatically
expire upon issuance of the Illinois license or upon
notification that the Department intends to deny licensure,
whichever occurs first. No extensions shall be granted beyond
the 6 months period unless approved by the Director.
Notification by the Department under this Section shall be by
certified or registered mail.
(Source: P.A. 86-615; 87-1156.)
(225 ILCS 65/21) (from Ch. 111, par. 3521)
Sec. 21. Returned checks; fines. Any person who delivers
a check or other payment to the Department that is returned
to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to
the amount already owed to the Department, a fine of $50. If
the check or other payment was for a renewal or issuance fee
and that person practices without paying the renewal fee or
issuance fee and the fine due, an additional fine of $100
shall be imposed. The fines imposed by this Section are in
addition to any other discipline provided under this Act for
unlicensed practice or practice on a nonrenewed license. The
Department shall notify the person that payment of fees and
fines shall be paid to the Department by certified check or
money order within 30 calendar days of the notification. If,
after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary
remittance, the Department shall automatically terminate the
license or certificate or deny the application, without
hearing. If, after termination or denial, the person seeks a
license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or
certificate and pay all fees and fines due to the Department.
The Department may establish a fee for the processing of an
application for restoration of a license or certificate to
pay all expenses of processing this application. The Director
may waive the fines due under this Section in individual
cases where the Director finds that the fines would be
unreasonable or unnecessarily burdensome.
(Source: P.A. 86-596; 87-1031.)
(225 ILCS 65/23) (from Ch. 111, par. 3523)
Sec. 23. Fees. The following fees are not refundable:
(a) The Department shall provide by rule for a schedule
of fees to be paid for licenses by all applicants.
(a-5) Except as provided in subsection (b), the fees for
the administration and enforcement of this Act, including but
not limited to original licensure, renewal, and restoration,
shall be set by rule. The fees shall not be refundable. The
fee for application for a Certificate of Registration as a
registered professional nurse and a licensed practical nurse
is $50.
(b) In addition, applicants for any examination as a
Registered Professional Nurse or a Licensed Practical Nurse
shall be required to pay, either to the Department or to the
designated testing service, a fee covering the cost of
providing the examination. Failure to appear for the
examination on the scheduled date, at the time and place
specified, after the applicant's application for examination
has been received and acknowledged by the Department or the
designated testing service, shall result in the forfeiture of
the examination fee.
(c) The fee for the renewal of a Certificate of
Registration shall be calculated at the rate of $20 per year.
(d) The fee for the restoration of a certificate of
registration other than from inactive status is $15 plus
payment of all lapsed renewal fees, but not to exceed $60.
(e) The fee for a license issued under the provisions of
Section 20, to a nurse licensed by examination under the laws
of another United States jurisdiction is $50.
(f) The fee for the issuance of a duplicate license, for
the issuance of a replacement license for a license which has
been lost or destroyed or for the issuance of a license with
a change of name or address other than during the renewal
period is $15. No fee is required for name and address
changes on Department records when no duplicate certificate
is issued.
(g) The fee for a certification of a registrant's record
for any purpose is $15.
(h) The fee to have the scoring of an examination
authorized by the Department reviewed and verified is $15
plus any fees charged by the applicable testing service.
(i) The fee for a wall certificate showing registration
shall be the actual cost of producing such certificate.
(j) The fee for a roster of persons registered as
Registered Professional Nurse in this State shall be the
actual cost of producing such a roster.
(k) All of the fees collected by the Department pursuant
to this Section shall be paid into the Nursing Dedicated and
Professional Fund.
(l) The fee for nurse licensing, disciplinary or
investigative records obtained pursuant to a subpoena is $1
per page.
(Source: P.A. 86-596; 86-1475.)
(225 ILCS 65/24) (from Ch. 111, par. 3524)
Sec. 24. Fund. There is hereby created within the State
Treasury the Nursing Dedicated and Professional Fund. The
monies in the Fund may shall be used by and at the direction
of the Department for the administration and enforcement of
this Act, including but not limited to:
(a) Distribution and publication of "the Illinois
Nursing Act" of 1987 and the rules and regulations at the
time of renewal to all Registered Professional Nurses and
Licensed Practical Nurses licensed by the Department.;
(b) Employment of secretarial, nursing,
administrative, enforcement, and other staff research
assistance for the administration of this Act. After
January 1, 1991, the Director shall employ, in conformity
with the Personnel Code, one full-time investigator for
every 10,000 nurses licensed to practice in the State;
(c) Conducting a survey, as prescribed by rule of
the Department, once every 4 years during the license
renewal period. Surveying, every license renewal period,
the nurse population of Illinois, its employment,
earnings, distribution, education and other professional
and demographic characteristics, and for the publication
and distribution of the survey; and
(d) Conducting of training seminars for licensees
under this Act relating to the obligations,
responsibilities, enforcement and other provisions of the
Act and its rules the regulations thereunder.
(e) Disposition of Fees:
(i) (Blank) Until January 1, 1991, 50% of the
fees collected pursuant to this Act shall be
deposited in the Nursing Dedicated and Professional
Fund and 50% shall be deposited in the General
Revenue Fund.
(ii) On or after January 1, 1991, All of the
fees and fines collected pursuant to this Act shall
be deposited in the Nursing Dedicated and
Professional Fund.
(iii) For the fiscal year beginning July 1,
1988, the moneys monies deposited in the Nursing
Dedicated and Professional Fund shall be
appropriated to the Department for expenses of the
Department and the Board Committee in the
administration of this Act. All earnings received
from investment of moneys monies in the Nursing
Dedicated and Professional Fund shall be deposited
in the Nursing Dedicated and Professional Fund and
shall be used for the same purposes as fees
deposited in the Fund.
(iv) For the fiscal year beginning July 1,
1991 and for each fiscal year thereafter, either 10%
of the moneys monies deposited in the Nursing
Dedicated and Professional Fund each year, not
including interest accumulated on such moneys
monies, or any moneys monies deposited in the Fund
in each year which are in excess of the amount
appropriated in that year to meet ordinary and
contingent expenses of the Board Committee,
whichever is less, shall be set aside and
appropriated to the Illinois Department of Public
Health for nursing scholarships awarded pursuant to
the Nursing Education Scholarship Law.
(v) Moneys in the Fund may be transferred to
the Professions Indirect Cost Fund as authorized
under Section 61e of the Civil Administrative Code
of Illinois.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Nursing Dedicated and Professional Fund
may be transferred to the General Revenue Fund as authorized
by this amendatory Act of 1992. The General Assembly finds
that an excess of moneys exists in the Fund. On February 1,
1992, the Comptroller shall order transferred and the
Treasurer shall transfer $200,000 (or such lesser amount as
may be on deposit in the Fund and unexpended and unobligated
on that date) from the Fund to the General Revenue Fund.
(Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
89-626, eff. 8-9-96.)
(225 ILCS 65/25) (from Ch. 111, par. 3525)
Sec. 25. Grounds for disciplinary action.
(a) The Department may, upon recommendation of the Board
Committee on Nursing, refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department may deem appropriate,
with regard to a license for any one or a combination of the
causes set forth in subsection (b) below in 25(b). Fines up
to $2,500 may be imposed in conjunction with other forms of
disciplinary action for those violations that which result in
monetary gain for the licensee. Fines shall not be the
exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Fines
shall not be assessed in disciplinary actions involving
mental or physical illness or impairment. All fines
collected under this Section shall be deposited in the
Nursing Dedicated and Professional Fund.
(b) The causes for disciplinary action are:
(1) 1. Material deception in furnishing information
to the Department.;
(2) 2. Material violations of any provision of this
Act or of the Illinois Nursing Act, prior to the repeal
of this Act, or violation of the rules of or final
administrative action of the Director, after
consideration of the recommendation of the Board.
Committee;
(3) 3. Conviction of any crime under the laws of
any jurisdiction of the United States: (i) which is a
felony; or (ii) which is a misdemeanor, an essential
element of which is dishonesty, or (iii) of any crime
which is directly related to the practice of the
profession.;
(4) 4. A pattern of practice or other behavior
which demonstrates incapacity or incompetency to practice
under this Act.;
(5) 5. Knowingly aiding or assisting another person
in violating any provision of this Act or rules.;
(6) 6. Failing, within 90 days, to provide a
response to a request for information in response to a
written request made by the Department by certified
mail.;
(7) 7. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public, as defined by rule.;
(8) 8. Unlawful sale or distribution of any drug,
narcotic, or prescription device, or unlawful conversion
of any drug, narcotic or prescription device.;
(9) 9. Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug which results in a nurses inability to
practice with reasonable judgment, skill or safety.;
(10) 10. Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section. herein;
(11) 11. A finding that the licensee, after having
her or his license placed on probationary status, has
violated the terms of probation.;
(12) 12. Being named as a perpetrator in an
indicated report by the Department of Children and Family
Services and under the Abused and Neglected Child
Reporting Act, and upon proof by clear and convincing
evidence that the licensee has caused a child to be an
abused child or neglected child as defined in the Abused
and Neglected Child Reporting Act.;
(13) 13. Willful omission to file or record, or
willfully impeding the filing or recording or inducing
another person to omit to file or record medical reports
as required by law or willfully failing to report an
instance of suspected child abuse or neglect as required
by the Abused and Neglected Child Reporting Act.;
(14) 14. Gross negligence in the practice of
nursing.;
(15) 15. Holding oneself out to be practicing
nursing under any name other than one's own.;
(16) 16. Fraud, deceit or misrepresentation in
applying for or procuring a license under this Act or in
connection with applying for renewal of a license under
this Act.;
(17) 17. Allowing another person or organization to
use the licensees' license to deceive the public.;
(18) 18. Willfully making or filing false records
or reports in the licensee's practice as a nurse,
including, but not limited to, false records to support
claims against the medical assistance program of the
Department of Public Aid under the Illinois Public Aid
Code.;
(19) 19. Attempting to subvert or cheat on a nurse
licensing examination administered under this Act.;
(20) 20. Willfully or negligently violating the
confidentiality between nurse and patient except as
required by law.;
(21) 21. The use of any false, fraudulent, or
deceptive statement in any document connected with the
practice of nursing under this Act.;
(22) 22. Failure of a licensee to report to the
Department any adverse final action taken against such
licensee by another licensing jurisdiction (any other
jurisdiction of the United States or any foreign state or
country), by any peer review body, by any health care
institution, by any professional or nursing society or
association, by any governmental agency, by any law
enforcement agency, or by any court or a nursing
liability claim related to acts or conduct similar to
acts or conduct that which would constitute grounds for
action as defined in this Section.;
(23) 23. Failure of a licensee to report to the
Department surrender by the licensee of a license or
authorization to practice nursing in another state or
jurisdiction, or current surrender by the licensee of
membership on any nursing staff or in any nursing or
professional association or society while under
disciplinary investigation by any of those authorities or
bodies for acts or conduct similar to acts or conduct
that which would constitute grounds for action as defined
by this Section.;
(24) 24. The determination by a circuit court that
a licensee is subject to involuntary admission or
judicial admission as provided in the Mental Health and
Developmental Disabilities Code, as amended, operates as
an automatic suspension. The Such suspension will end
only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial
admission and issues an order so finding and discharging
the patient; and upon the recommendation of the Board
Committee to the Director that the licensee be allowed to
resume his or her practice.;
(25) 25. 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 the 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.; and
(26) 26. Violation of the Health Care Worker
Self-Referral Act.
(27) Physical illness, including but not limited to
deterioration through the aging process or loss of motor
skill, mental illness, or disability that results in the
inability to practice the profession with reasonable
judgment, skill, or safety;
(c) In enforcing this Section, the Department or Board
upon a showing of a possible violation may compel an
individual licensed to practice under this Act, or who has
applied 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 Department or Board may order
the examining physician to present testimony concerning the
mental or physical examination of the licensee or applicant.
No information shall be excluded by reason of any common law
or statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. 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 this examination.
Failure of an individual to submit to a mental or physical
examination, when directed, shall be grounds for suspension
of his or her license until the individual submits to the
examination if the Department finds, after notice and
hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section,
the Department or Board may require that individual to submit
to care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term,
or restriction for continued, reinstated, or renewed
licensure to practice; or, in lieu of care, counseling, or
treatment, the Department may file, or the Board may
recommend to the Department to file, a complaint to
immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, reinstated, renewed, disciplined or
supervised subject to such terms, conditions, or
restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Director for a determination as to whether the individual
shall have his or her license suspended immediately, pending
a hearing by the Department.
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted
by applicable federal statutes and regulations safeguarding
the confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
(Source: P.A. 86-596; 87-1207.)
(225 ILCS 65/26) (from Ch. 111, par. 3526)
Sec. 26. Limitation on action. All proceedings to
suspend, revoke, or take any other disciplinary action as the
Department may deem proper, with regard to a license on any
of the foregoing grounds may not be commenced later than 3
years next after the commission of any act which is a ground
for discipline or a final conviction order for any of the
acts described herein. In the event of the settlement of any
claim or cause of action in favor of the claimant or the
reduction to the final judgment of any civil action in favor
of the plaintiff, such claim, cause of action or civil action
being rounded on the allegation that a person licensed under
this Act was negligent in providing care, the Department
shall have an additional period of one year from the date of
such settlement or final judgment in which to investigate and
commence formal disciplinary proceedings under Section 25 of
this Act, except as otherwise provided by law. The time
during which the holder of the license was outside the State
of Illinois shall not be included within any period of time
limiting the commencement of disciplinary action by the Board
Committee.
(Source: P.A. 85-981.)
(225 ILCS 65/27) (from Ch. 111, par. 3527)
(Text of Section before amendment by P.A. 89-507)
Sec. 27. Suspension for imminent danger. The Director of
the Department may, upon receipt of a written communication
from the Director of the Department of Mental Health and
Developmental Disabilities or Department of Public Aid or
Department of Public Health that continuation of practice of
a person licensed under this Act constitutes an immediate
danger to the public, immediately suspend the license of such
person without a hearing. In instances in which the Director
immediately suspends a license under this Section, a hearing
upon such person's license must be convened by the Department
within 30 15 days after such suspension and completed without
appreciable delay, such hearing held to determine whether to
recommend to the Director that the person's license be
revoked, suspended, placed on probationary status or
reinstated, or such person be subject to other disciplinary
action. In such hearing, the written communication and any
other evidence submitted therewith may be introduced as
evidence against such person; provided, however, the person,
or his or her counsel, shall have the opportunity to
discredit or impeach and submit evidence rebutting such
evidence.
(Source: P.A. 85-981.)
(Text of Section after amendment by P.A. 89-507)
Sec. 27. Suspension for imminent danger. The Director of
the Department may, upon receipt of a written communication
from the Secretary of Human Services, the Director of Public
Aid, or the Director of Public Health that continuation of
practice of a person licensed under this Act constitutes an
immediate danger to the public, immediately suspend the
license of such person without a hearing. In instances in
which the Director immediately suspends a license under this
Section, a hearing upon such person's license must be
convened by the Department within 30 15 days after such
suspension and completed without appreciable delay, such
hearing held to determine whether to recommend to the
Director that the person's license be revoked, suspended,
placed on probationary status or reinstated, or such person
be subject to other disciplinary action. In such hearing,
the written communication and any other evidence submitted
therewith may be introduced as evidence against such person;
provided, however, the person, or his or her counsel, shall
have the opportunity to discredit or impeach and submit
evidence rebutting such evidence.
(Source: P.A. 89-507, eff. 7-1-97.)
(225 ILCS 65/30) (from Ch. 111, par. 3530)
Sec. 30. Right to legal counsel. No action of a
disciplinary discliplinary nature that which is predicated on
charges alleging unethical or unprofessional conduct of a
person who is a registered professional nurse or a licensed
practical nurse and that which can be reasonably expected to
affect adversely that person's maintenance of her or his
present, or her or his securing of future, employment as such
a nurse may be taken by the Department, by any association,
or by any person unless the person against whom such charges
are made is afforded the right to be represented by legal
counsel of her or his choosing and to present any witness,
whether an attorney or otherwise to testify on matters
relevant to such charges.
(Source: P.A. 85-981.)
(225 ILCS 65/32) (from Ch. 111, par. 3532)
Sec. 32. Investigation; notice; hearing. Prior to
bringing an action before the Board Committee, the Department
may investigate the actions of any applicant or of any person
or persons holding or claiming to hold a license. The
Department shall, before suspending, revoking, placing on
probationary status, or taking any other disciplinary action
as the Department may deem proper with regard to any license
or certificate, at least 30 days prior to the date set for
the hearing, notify the accused in writing of any charges
made and the time and place for a hearing of the charges
before the Board Committee, direct her or him to file a
written answer thereto to the Board Committee under oath
within 20 days after the service of such notice and inform
the licensee that if she or he fails to file such answer
default will be taken against the licensee and such license
or certificate may be suspended, revoked, placed on
probationary status, or have other disciplinary action,
including limiting the scope, nature or extent of her or his
practice, as the Department may deem proper taken with regard
thereto. Such written notice may be served by personal
delivery or certified or registered mail to the respondent at
the address of her or his last notification to the
Department. At the time and place fixed in the notice, the
Department shall proceed to hear the charges and the parties
or their counsel shall be accorded ample opportunity to
present such statements, testimony, evidence and argument as
may be pertinent to the charges or to the defense to the
charges thereto. The Department may continue a such hearing
from time to time. In case the accused person, after
receiving notice, fails to file an answer, her or his license
or certificate may in the discretion of the Director, having
received first the recommendation of the Board Committee, be
suspended, revoked, placed on probationary status, or the
Director may take whatever disciplinary action as he or she
may deem proper, including limiting the scope, nature, or
extent of said person's practice, without a hearing, if the
act or acts charged constitute sufficient grounds for such
action under this Act.
(Source: P.A. 85-981.)
(225 ILCS 65/33) (from Ch. 111, par. 3533)
Sec. 33. Stenographer; transcript. The Department, at
its expense, shall provide a stenographer to take down the
testimony and preserve a record of all proceedings at the
hearing of any case wherein any disciplinary action is taken
regarding a license. The notice of hearing, complaint and
all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of
testimony, the report of the Board Committee and the orders
of the Department shall be the record of the proceedings.
The Department shall furnish a transcript of the record to
any person interested in the hearing upon payment of the fee
required under Section 60f of the Civil Administrative Code
of Illinois.
(Source: P.A. 87-1031.)
(225 ILCS 65/35) (from Ch. 111, par. 3535)
Sec. 35. Subpoena power; oaths. The Department shall have
power to subpoena and bring before it any person in this
State and to take testimony, either orally or by deposition
or both, with the same fees and mileage and in the same
manner as prescribed by law in judicial proceedings in civil
cases in circuit courts of this State.
The Director, and any member of the Board Committee
designated by the Director, shall each have power to
administer oaths to witnesses at any hearing which the
Department is authorized to conduct under this Act, and any
other oaths required or authorized to be administered by the
Department under this Act hereunder.
(Source: P.A. 85-981.)
(225 ILCS 65/36) (from Ch. 111, par. 3536)
Sec. 36. Board report. At the conclusion of the hearing
the Board committee shall present to the Director a written
report of its findings of fact, conclusions of law, and
recommendations. The report shall contain a finding whether
or not the accused person violated this Act or failed to
comply with the conditions required in this Act. The report
shall specify the nature of the violation or failure to
comply, and the Board Committee shall make its
recommendations to the Director.
The report of findings of fact, conclusions of law, and
recommendation of the Board committee shall be the basis for
the Department's order of refusal or for the granting of a
license or permit unless the Director shall determine that
the report is contrary to the manifest weight of the
evidence, in which case the Director may issue an order in
contravention of the report. The findings are not admissible
in evidence against the person in a criminal prosecution
brought for the violation of this Act, but the hearing and
findings are not a bar to a criminal prosecution brought for
the violation of this Act.
(Source: P.A. 85-981.)
(225 ILCS 65/37) (from Ch. 111, par. 3537)
Sec. 37. Hearing officer. The Director shall have the
authority to appoint an attorney duly licensed to practice
law in the State of Illinois to serve as the hearing officer
in any action before the Board Committee to revoke, suspend,
place on probation, reprimand, fine, or take any other
disciplinary action with regard to a license. The hearing
officer shall have full authority to conduct the hearing.
The Board Committee shall have the right to have at least one
member present at any hearing conducted by such hearing
officer. There may be present at least one RN member of the
Board Committee at any such hearing or disciplinary
conference. An LPN member or LPN educator may be present for
hearings and disciplinary conferences of an LPN. The hearing
officer shall report her or his findings and recommendations
to the Board Committee within 30 days of the receipt of the
record. The Board Committee shall have 90 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 Director. If the Board Committee
fails to present its report within the 90-day period, the
Director may issue an order based on the report of the
hearing officer. However, if the Board Committee does
present its report within the specified 90 days, the
Director's order shall be based upon the report of the Board
Committee.
(Source: P.A. 85-981.)
(225 ILCS 65/38) (from Ch. 111, par. 3538)
Sec. 38. Motion for rehearing. In any case involving
refusal to issue, renew, or the discipline of a license, a
copy of the Board's Committee's report shall be served upon
the respondent by the Department, either personally or as
provided in this Act, for the service of the notice of
hearing. Within 20 days after such service, the respondent
may present to the Department a motion in writing for a
rehearing, which motion shall specify the particular grounds
for a rehearing therefor. If no motion for rehearing is
filed, then upon the expiration of the time then upon such
denial the Director may enter an order in accordance with
recommendations of the Board Committee except as provided in
Section 36 and 37 of this Act. If the respondent shall order
from the reporting service, and pay for a transcript of the
record within the time for filing a motion for rehearing, the
20 day period within which such a motion may be filed shall
commence upon the delivery of the transcript to the
respondent.
(Source: P.A. 85-981.)
(225 ILCS 65/39) (from Ch. 111, par. 3539)
Sec. 39. Order for rehearing. Whenever the Director is
satisfied that substantial justice has not been done in the
revocation, suspension, or refusal to issue or renew a
license, the Director may order a hearing by the same or
another hearing officer or the Board Committee.
(Source: P.A. 85-981.)
(225 ILCS 65/40) (from Ch. 111, par. 3540)
Sec. 40. Order of Director. An order regarding any
disciplinary action, or a certified copy thereof over the
seal of the Department and purporting to be signed by the
Director shall be prima facie evidence that:
(a) such signature is the genuine signature of the
Director;
(b) that such Director is duly appointed and qualified;
and
(c) that the Board Committee and the Board members
thereof are qualified to act.
(Source: P.A. 85-981.)
(225 ILCS 65/42) (from Ch. 111, par. 3542)
Sec. 42. Surrender of license. Upon revocation or
suspension of any license or certificate, the licensee shall
forthwith surrender the license to the Department and if the
licensee fails to do so, the Department shall have the right
to seize the license.
(Source: P.A. 85-981.)
(225 ILCS 65/43) (from Ch. 111, par. 3543)
Sec. 43. Temporary suspension. The Director may
temporarily suspend the license of a nurse without a hearing,
simultaneously with the institution of proceedings for a
hearing provided for in Section 32 of this Act, if the
Director finds that evidence in his or her possession
indicates that continuation in practice would constitute an
imminent danger to the public. In the event that the
Director suspends, temporarily, this license without a
hearing, a hearing by the Department must be held within 30
days after the such suspension has occurred, and be concluded
without appreciable delay.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides; but if the party is not a resident of this
State, the venue shall be in Sangamon County.
(Source: P.A. 85-981.)
(225 ILCS 65/47) (from Ch. 111, par. 3547)
Sec. 47. Pending actions. All licenses in effect on
December 31, 1987 and issued pursuant to the Illinois Nursing
Act, approved June 14, 1951, as amended, are reinstated for
the balance of the term for which last issued. All rules and
regulations in effect on December 31, 1987 and promulgated
pursuant to the Illinois Nursing Act, approved June 14, 1951,
as amended, shall remain in full force and effect on the
effective date of this Act without being promulgated again by
the Department, except to the extent any such rule or
regulation is inconsistent with any provision of this Act.
All disciplinary actions taken or pending pursuant to the
Illinois Nursing Act, approved June 14, 1951, as amended,
shall, for the actions taken, remain in effect, and for the
actions pending, shall be continued, on the effective date of
this Act without having separate actions filed by the
Department.
(Source: P.A. 85-981.)
(225 ILCS 65/8 rep.)
(225 ILCS 65/9 rep.)
(225 ILCS 65/13 rep.)
(225 ILCS 65/15 rep.)
(225 ILCS 65/19 rep.)
Section 35. The Illinois Nursing Act of 1987 is amended
by repealing Sections 8, 9, 13, 15, and 19.
Section 40. The Nursing Home Administrators Licensing and
Disciplinary Act is amended by changing Sections 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24,
and 28 and by adding Sections 5.1, 20.1, and 24.1 as follows:
(225 ILCS 70/4) (from Ch. 111, par. 3654)
Sec. 4. Definitions.: For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
(1) 1. "Act" means the Nursing Home Administrators
Licensing and Disciplinary Act.;
(2) 2. "Department" means the Department of
Professional Regulation.;
(3) 3. "Director" means the Director of
Professional Regulation.;
(4) 4. "Board" means the Nursing Home
Administrators Licensing and Disciplinary Board appointed
by the Governor.;
(5) 5. "Nursing home administrator" means the
individual licensed under this Act and directly
responsible for planning, organizing, directing and
supervising the operation of a nursing home, or who in
fact performs such functions, whether or not such
functions are delegated to one or more other persons.;
(6) 6. "Nursing home" or "facility" means any
entity that which is required to be licensed by the
Illinois Department of Public Health under the Nursing
Home Care Act, as amended, other than a "sheltered care
home" as defined thereunder, and includes private homes
home, institutions, buildings, residences, or other
places, whether operated for profit or not, irrespective
of the names attributed to them, county homes for the
infirm and chronically ill operated pursuant to the
County Nursing Home Act, as amended, and any similar
institutions operated by a political subdivision of the
State of Illinois that which provide, though their
ownership or management, maintenance, personal care, and
nursing for 3 or more persons, not related to the owner
by blood or marriage, or any similar facilities in which
maintenance is provided to 3 or more persons who by
reason of illness of physical infirmity require personal
care and nursing.;
(7) 7. "Maintenance" means food, shelter and
laundry.;
(8) 8. "Personal care" means assistance with meals,
dressing, movement, bathing, or other personal needs
need, or general supervision of the physical and mental
well-being of an individual who because of age, physical,
or mental disability, emotion or behavior disorder, or
mental retardation is incapable of managing his or her
person, whether or not a guardian has been appointed for
such individual. For the purposes of this Act, this
definition does not include the professional services of
a nurse.;
(9) 9. "Nursing" means professional nursing or
practical nursing as those terms are defined in the
Illinois Nursing Act of 1987, as amended, for sick or
infirm persons who are under the care and supervision of
licensed physicians or dentists.;
(10) 10. "Disciplinary action" means revocation,
suspension, probation, supervision, reprimand, required
education, fines or any other action taken by the
Department against a person holding a license.;
(11) 11. "Impaired" means the inability to practice
with reasonable skill and safety due to physical or
mental disabilities as evidenced by a written
determination or written consent based on clinical
evidence including deterioration through the aging
process or loss of motor skill, or abuse of drugs or
alcohol, of sufficient degree to diminish a person's
ability to administer a nursing home.
(Source: P.A. 86-820.)
(225 ILCS 70/5) (from Ch. 111, par. 3655)
(Text of Section before amendment by P.A. 89-507)
Sec. 5. Board.
(a) There is hereby created the Nursing Home
Administrators Administrator's Licensing and Disciplinary
Board. The Board shall consist of 9 members appointed by the
Governor. All shall be residents of the State of Illinois.
Three members shall be representatives of the general public.
Six members shall be nursing home administrators who for at
least 5 years prior to their appointments were licensed under
this Act. The public members shall have no responsibility
for management or formation of policy of, nor any financial
interest in, nursing homes as defined in this Act, nor any
other connection with the profession. In appointing licensed
nursing home administrators, the Governor shall take into
consideration the recommendations of the nursing home
professional associations.
(b) Members Initial terms shall begin January 1, 1988.
Of the members of the Board first appointed, 3 shall be
appointed for terms of 2 years; 3 shall be appointed for
terms of 3 years, and 3 shall be appointed for terms of 4
years. Upon the expiration of the term of any member, their
successor shall be appointed for a term of 4 years by the
Governor. The Governor shall fill any vacancy for the
remainder of the unexpired term. Any member of the Board may
be removed by the Governor for cause. Each member shall
serve on the Board until his or her their successor is
appointed and qualified. No member of the Board shall serve
more than 2 consecutive 4 year terms.
In making appointments the Governor shall attempt to
insure that the various geographic regions of the State of
Illinois are properly represented.
The Board in existence on the effective date of this Act
shall continue to exercise the powers and duties specified
under this Act until a successor Board is designated by the
Governor. The Governor shall designate the successor Board
within 90 days of the effective date of this Act.
(c) The Board shall annually elect one of its members as
chairperson and chairman, one as vice chairperson chairman
and one as secretary. No officer shall be elected more than
twice in succession to the same office. Each officer shall
serve until his or her their successor has been elected and
qualified.
(d) A majority of the Board members currently appointed
shall constitute a quorum Five members of the Board shall
constitute a quorum. A vacancy in the membership of the Board
shall not impair the right of a quorum to exercise all the
rights and perform all the duties of the Board. Any action
taken by the Board under this Act may be authorized by
resolution at any regular or special meeting and each such
resolution shall take effect immediately. The Board shall
meet at least quarterly. The Board is empowered to adopt all
rules and regulations necessary and incident to the powers
granted to it under this Act.
(e) Each member, and member-officer, of the Board shall
receive a per diem stipend as the Director of the Department,
hereinafter referred to as the Director, shall determine.
Each member shall be paid their necessary expenses while
engaged in the performance of his or her their duties.
(f) (Blank) The Director shall select a Nursing Home
Administrator Coordinator who shall not be a member of the
Board. The Nursing Home Administrator coordinator shall be
the designated administrator of this Act.
The Director shall employ, in conformity with the
Personnel Code, not less than one investigator for every 5000
Nursing Home Administrators licensed in the State. Each
investigator shall be a college graduate with at least 2
years' investigative experience or be a licensed Nursing Home
Administrator for 2 years. Upon the written request of the
Board, the Director shall employ, in conformity with the
Personnel Code, such other professional, technical,
investigative, and clerical help, either on a full or
part-time basis as the Board deems necessary for the proper
performance of its duties.
(g) (Blank) Upon the written request of the Board or the
Nursing Home Administrator Coordinator, the Department of
Alcoholism and Substance Abuse or the Department of State
Police may cooperate and assist in any investigation
undertaken by the Board.
(h) Members of the Board shall be immune from suit in
any action based upon any disciplinary proceedings or other
acts performed in good faith as members of the Board.
(i) (Blank) The Board may compile and establish a
statewide roster of Nursing Home Administrators and other
associated field professionals, including the several medical
specialties, who have agreed to serve from time to time as
advisors to the Nursing Home Administrator Coordinator. Such
advisors shall assist the Nursing Home Administrator
Coordinator in investigations and participation in complaints
against Nursing Home Administrators. Such advisors shall
serve under contract and shall be reimbursed at a rate set by
the Director for each and every day they shall be actually
advising the Nursing Home Administrator Coordinator, plus
reasonable expenses incurred. While serving in this
capacity, the advisor, for any act undertaken in good faith
and in the conduct of their duties under this Section, shall
be immune from civil suit.
The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for
administration of licensing acts and shall exercise such
other powers and duties necessary for effectuating the
purpose of this Act. The Department shall promulgate rules
to implement, interpret, or make specific the provisions and
purposes of this Act; however no such rulemaking shall be
promulgated by the Department except upon the Board's written
approval.
(j) The Director shall give due consideration to all
recommendations of the Board. If the Director disagrees with
or takes action contrary to a recommendation of the Board, he
or she shall provide the Board with a written and specific
explanation of his or her action.
(Source: P.A. 85-932.)
(Text of Section after amendment by P.A. 89-507)
Sec. 5. Board.
(a) There is hereby created the Nursing Home
Administrators Administrator's Licensing and Disciplinary
Board. The Board shall consist of 9 members appointed by the
Governor. All shall be residents of the State of Illinois.
Three members shall be representatives of the general public.
Six members shall be nursing home administrators who for at
least 5 years prior to their appointments were licensed under
this Act. The public members shall have no responsibility
for management or formation of policy of, nor any financial
interest in, nursing homes as defined in this Act, nor any
other connection with the profession. In appointing licensed
nursing home administrators, the Governor shall take into
consideration the recommendations of the nursing home
professional associations.
(b) Members Initial terms shall begin January 1, 1988.
Of the members of the Board first appointed, 3 shall be
appointed for terms of 2 years; 3 shall be appointed for
terms of 3 years, and 3 shall be appointed for terms of 4
years. Upon the expiration of the term of any member, their
successor shall be appointed for a term of 4 years by the
Governor. The Governor shall fill any vacancy for the
remainder of the unexpired term. Any member of the Board may
be removed by the Governor for cause. Each member shall
serve on the Board until his or her their successor is
appointed and qualified. No member of the Board shall serve
more than 2 consecutive 4 year terms.
In making appointments the Governor shall attempt to
insure that the various geographic regions of the State of
Illinois are properly represented.
The Board in existence on the effective date of this Act
shall continue to exercise the powers and duties specified
under this Act until a successor Board is designated by the
Governor. The Governor shall designate the successor Board
within 90 days of the effective date of this Act.
(c) The Board shall annually elect one of its members as
chairperson and chairman, one as vice chairperson chairman
and one as secretary. No officer shall be elected more than
twice in succession to the same office. Each officer shall
serve until his or her their successor has been elected and
qualified.
(d) A majority of the Board members currently appointed
shall constitute a quorum Five members of the Board shall
constitute a quorum. A vacancy in the membership of the Board
shall not impair the right of a quorum to exercise all the
rights and perform all the duties of the Board. Any action
taken by the Board under this Act may be authorized by
resolution at any regular or special meeting and each such
resolution shall take effect immediately. The Board shall
meet at least quarterly. The Board is empowered to adopt all
rules and regulations necessary and incident to the powers
granted to it under this Act.
(e) Each member, and member-officer, of the Board shall
receive a per diem stipend as the Director of the Department,
hereinafter referred to as the Director, shall determine.
Each member shall be paid their necessary expenses while
engaged in the performance of his or her their duties.
(f) (Blank) The Director shall select a Nursing Home
Administrator Coordinator who shall not be a member of the
Board. The Nursing Home Administrator coordinator shall be
the designated administrator of this Act.
The Director shall employ, in conformity with the
Personnel Code, not less than one investigator for every 5000
Nursing Home Administrators licensed in the State. Each
investigator shall be a college graduate with at least 2
years' investigative experience or be a licensed Nursing Home
Administrator for 2 years. Upon the written request of the
Board, the Director shall employ, in conformity with the
Personnel Code, such other professional, technical,
investigative, and clerical help, either on a full or
part-time basis as the Board deems necessary for the proper
performance of its duties.
(g) (Blank) Upon the written request of the Board or the
Nursing Home Administrator Coordinator, the Department of
Human Services or the Department of State Police may
cooperate and assist in any investigation undertaken by the
Board.
(h) Members of the Board shall be immune from suit in
any action based upon any disciplinary proceedings or other
acts performed in good faith as members of the Board.
(i) (Blank) The Board may compile and establish a
statewide roster of Nursing Home Administrators and other
associated field professionals, including the several medical
specialties, who have agreed to serve from time to time as
advisors to the Nursing Home Administrator Coordinator. Such
advisors shall assist the Nursing Home Administrator
Coordinator in investigations and participation in complaints
against Nursing Home Administrators. Such advisors shall
serve under contract and shall be reimbursed at a rate set by
the Director for each and every day they shall be actually
advising the Nursing Home Administrator Coordinator, plus
reasonable expenses incurred. While serving in this
capacity, the advisor, for any act undertaken in good faith
and in the conduct of their duties under this Section, shall
be immune from civil suit.
The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for
administration of licensing acts and shall exercise such
other powers and duties necessary for effectuating the
purpose of this Act. The Department shall promulgate rules
to implement, interpret, or make specific the provisions and
purposes of this Act; however no such rulemaking shall be
promulgated by the Department except upon the Board's written
approval.
(j) The Director shall give due consideration to all
recommendations of the Board. If the Director disagrees with
or takes action contrary to the recommendation of the Board,
he or she shall provide the Board with a written and specific
explanation of his or her action.
(Source: P.A. 89-507, eff. 7-1-97.)
(225 ILCS 70/5.1 new)
Sec. 5.1. Powers and duties; rules. The Department shall
exercise the powers and duties prescribed by the Civil
Administrative Code of Illinois for administration of
licensing acts and shall exercise such other powers and
duties necessary for effectuating the purposes of this Act.
The Department shall adopt rules to implement, interpret, or
make specific the provisions and purposes of this Act and may
prescribe forms that shall be issued in connection with
rulemaking. The Department shall transmit the proposed
rulemaking to the Board.
The Department may solicit the advice of the Board on any
matter relating to the administration and enforcement of this
Act.
The Director shall employ, in conformity with the
Personnel Code, professional, technical, investigative, and
clerical help on a full-time or part-time basis as necessary
for the proper performance of its duties.
Upon the written request of the Department, the
Department of Human Services or the Department of State
Police may cooperate and assist in any investigation
undertaken by the Board.
(225 ILCS 70/6) (from Ch. 111, par. 3656)
Sec. 6. Application procedure. Applications for original
licenses shall be made to the Department in writing on forms
prescribed by the Department and shall be accompanied by the
required fee, which shall not be refundable. The Any such
application shall require such information as in the judgment
of the Department will enable the Department Board to pass on
the qualifications of the applicant for a license.
(Source: P.A. 85-932.)
(225 ILCS 70/7) (from Ch. 111, par. 3657)
Sec. 7. Examination. The Department shall authorize
examinations of applicants as nursing home administrators at
such times and places as it may determine. Examinations shall
be held not less frequently than 2 times every year. The
examination of applicants shall be of a character to give a
fair test of the qualifications of the applicant to practice
nursing home administration.
Applicants for examination as nursing home administrators
shall be required to pay, either to the Department or the
designated testing service, a fee covering the cost of
providing the examination. Failure to appear for the
examination on the scheduled date, at the time and place
specified, after the applicant's application for examination
has been received and acknowledged by the Department or the
designated testing service, shall result in the forfeiture of
the examination fee.
If an applicant neglects, fails or refuses to take an
examination or fails to pass an examination for a license
under this Act within 3 years after filing his or her
licensure application, the application shall be denied and
the examination shall be void. However, such applicant may
thereafter make a new application for examination accompanied
by the required fee, and must furnish proof of meeting
qualifications for examination in effect at the time of new
application.
An applicant shall have one year from the date of
notification of successful completion of the examination to
apply to the Department for a license. If an applicant fails
to apply within one year, the applicant shall be required to
again take and pass the examination.
The Department may employ consultants for the purpose of
preparing and conducting examinations.
(Source: P.A. 85-932.)
(225 ILCS 70/8) (from Ch. 111, par. 3658)
Sec. 8. Qualifications for license. A person is
qualified to receive a license as a nursing home
administrator:
(a) who is at least 21 years of age,
(b) who has not engaged in conduct or behavior
determined to be grounds for discipline under this Act,
(c) who is in sound physical and mental health,
(d) (blank),
(e) who is a graduate of a college or university
deemed reputable and in good standing by the Department,
or who has satisfactorily completed a course of
instruction approved by the Department containing
subjects embracing the laws governing the operation of
nursing homes, the protection of the health and safety of
patients in nursing homes and the elements of sound
nursing home administration, or who presents evidence to
the Department of education, training and experience
deemed by the Department to be equivalent to of either of
the above,
(f) who passes a written examination conducted by
the Department to determine his or her fitness to receive
a license as a nursing home administrator, and
(g) who pays the required fee.
(Source: P.A. 89-387, eff. 8-20-95.)
(225 ILCS 70/9) (from Ch. 111, par. 3659)
Sec. 9. Temporary license without examination. The
Department may in its discretion issue without examination a
temporary license as a nursing home administrator to any
applicant who furnishes the Department with satisfactory
proof under oath, on forms prescribed by the Department, that
he or she:
(a) is at least 21 years of age,
(b) who has not engaged in conduct or behavior
determined to be grounds for discipline under this Act,
(c) is in sound physical and mental health,
(d) (blank) is a citizen of the United States or is
a lawfully admitted alien,
(e) is a graduate of a college or university deemed
reputable and in good standing by the Department, or who
has satisfactorily completed a course of instruction
approved by the Department containing subjects embracing
the laws governing the operation of nursing homes, the
protection of the health and safety of patients in
nursing homes and the elements of sound nursing home
administration, or who presents evidence to the
Department of education, training, and experience deemed
by the Department to be equivalent to either of the
above,
(f) (g) has been accepted or appointed as a nursing
home administrator in a facility licensed to provide
nursing care by the Illinois Department of Public Health,
and
(g) (h) pays the required fee.
The applicant shall indicate the beginning date of the
period for which he or she has been accepted or appointed,
and shall specify the particular facility in which he or she
will serve as administrator.
After receiving a temporary license under this Section,
the holder of a temporary license shall take the examination
for a license under this Act that is scheduled to be given
before his or her temporary license expires. The temporary
license of an individual who passes the examination shall be
valid until he or she applies for and receives a license
under Section 7 of this Act.
Temporary licenses issued pursuant to this Section shall
be valid only for a period of one year from date of issuance.
A temporary license issued under this Section may be extended
only for one additional one-year period if the applicant took
the examination during the period of his or her temporary
license. The applicant shall retake the examination prior to
the expiration of the extended temporary license. The holder
of a temporary license shall be entitled to serve as a
nursing home administrator in the particular facility
indicated on his or her application, but he or she shall not
be entitled to engage in the practice of nursing home
administration in any other facility without first applying
to the Department and having been granted an amended
temporary license designating a different facility.
Upon the termination of his or her service or the lapse
or revocation of his or her license, whichever is sooner, the
holder of a temporary license shall surrender it to the
Department.
A temporary license may be revoked by the Department upon
proof that the holder has engaged in the practice of nursing
home administration in this State in a facility not named on
his or her application.
An applicant for a temporary license as a nursing home
administrator may act as a nursing home administrator 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. This 60-day
period may be extended until the next Board meeting if action
by the Board is required. The applicant shall keep a copy of
the submitted application on the premises where the applicant
is engaged in the practice as a nursing home administrator.
The authority to practice shall terminate immediately
upon the denial of licensure by the Department or the
withdrawal of the application.
(Source: P.A. 89-197, eff. 7-21-95.)
(225 ILCS 70/10) (from Ch. 111, par. 3660)
Sec. 10. License requirement. It shall be unlawful for
any person to operate or manage a nursing home in the State
of Illinois unless he or she is licensed as a nursing home
administrator in accordance with this Act.
The practice of nursing home administration, or the use
of the title "Licensed Nursing Home Administrator", the
initials "N.H.A." or any other word or abbreviation
indicating that he or she is a nursing home administrator, by
any person who has not been issued a license or whose license
has been suspended or revoked is hereby declared to be
inimical to public health and welfare and to constitute a
public nuisance.
Nothing in this Act or in the rules adopted hereunder
shall require an administrator of any facility or institution
operated solely by and for persons who rely exclusively upon
treatment by spiritual means through prayer alone, in
accordance with the creed or tenets of any well-recognized
church or religious denomination, to be licensed as a nursing
home administrator.
(Source: P.A. 86-130.)
(225 ILCS 70/11) (from Ch. 111, par. 3661)
Sec. 11. Expiration; renewal; continuing education. The
expiration date and renewal period for each license issued
under this Act shall be set by rule.
Each licensee shall provide proof of having obtained 36
hours of continuing education in the 2 year period preceding
the renewal date of the license as a condition of license
renewal. The continuing education requirement may be waived
in part or in whole for such good cause as may be determined
by rule.
Any continuing education course for nursing home
administrators approved by the National Continuing Education
Review Service of the National Association of Boards of
Examiners of Nursing Home Administrators will be accepted
toward toward satisfaction of these requirements.
Any continuing education course for nursing home
administrators sponsored by the Life Services Network of
Illinois Illinois Association of Homes for the Aging,
Illinois Council on Long Term Care, County Nursing Home
Association of Illinois, Illinois Health Care Association,
Illinois Chapter of American College of Health Care
Administrators, and the Illinois Nursing Home Administrators
Association will be accepted toward satisfaction of these
requirements.
Any school, college or university, State agency, or other
entity may apply to the Department Board for approval as a
continuing education sponsor. Criteria for qualification as a
continuing education sponsor shall be established by rule.
It shall be the responsibility of each continuing
education sponsor to maintain records, as prescribed by rule,
to verify attendance.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be
accomplished through audits of records maintained by
registrants; by requiring the filing of continuing education
certificates with the Department; or by other means
established by the Department.
Any nursing home administrator who has permitted his or
her license to expire or who has had his or her license on
inactive status may have his or her license restored by
making application to the Department and filing proof
acceptable to the Department of his or her fitness to have
his or her license restored and by paying the required fee.
Proof of fitness may include evidence certifying to active
lawful practice in another jurisdiction satisfactory to the
Department and by paying the required restoration fee.
However, any nursing home administrator whose license
expired while he or she was (1) in federal service on active
duty with the Armed Forces of the United States, or the State
Militia called into service or training, or (2) in training
or education under the supervision of the United States
preliminary to induction into the military services, may have
his or her license renewed or restored without paying any
lapsed renewal fees if within 2 years after honorable
termination of such service, training or education, he or she
furnishes the Department with satisfactory evidence to the
effect that he or she has been so engaged and that his or her
service, training or education has been so terminated.
(Source: P.A. 86-1472; 87-546.)
(225 ILCS 70/12) (from Ch. 111, par. 3662)
Sec. 12. Inactive status. Any nursing home administrator
who notifies the Department in writing on forms prescribed by
the Department, may elect to place his or her license on an
inactive status and shall, subject to rules of the
Department, be excused from payment of renewal fees and the
completion of continuing education requirements until he or
she notifies the Department in writing of his or her intent
to restore his or her license.
Any nursing home administrator requesting restoration
from inactive status shall be required to pay the current
renewal fee and shall be required to restore his or her
license, as provided by rule of the Department.
Any nursing home administrator whose license is in an
inactive status shall not practice as a nursing home
administrator in the State of Illinois.
Any licensee who shall practice as a nursing home
administrator while his or her license is lapsed or on
inactive status shall be considered to be practicing without
a license which shall be grounds for discipline under Section
17 of this Act.
(Source: P.A. 85-932.)
(225 ILCS 70/13) (from Ch. 111, par. 3663)
Sec. 13. Endorsement. The Department may, in its
discretion, license as a nursing home administrator, without
examination, on payment of the required fee, an applicant who
is so licensed under the laws of another U.S. jurisdiction,
if the requirements for licensure in the other jurisdiction
in which the applicant was licensed, were, at the date of his
or her licensure, substantially equivalent to the
requirements then in force in this State; or if the
applicant's qualifications were, at the date of his or her
licensure in the other jurisdiction, substantially equivalent
to the requirements then in force in this State.
Notwithstanding the provisions of this Section, all
applicants seeking licensure under this Section shall be
required to take and pass an examination testing the
applicant's knowledge of Illinois law relating to the
practice of nursing home administration.
Applicants have 3 years from the date of application to
complete the application process. If the process has not
been completed in 3 years, the application shall be denied,
the fee shall be forfeited, and the applicant must reapply
and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 86-596.)
(225 ILCS 70/14) (from Ch. 111, par. 3664)
Sec. 14. Fees.
(a) Except as provided in subsection (b), the fees for
the administration and enforcement of this Act, including but
not limited to original licensure, renewal, and restoration
fees, shall be set by rule of the Department. The following
fees shall are not be refundable.
1. The fee for application for a license is $100.
(b) Applicants 2. In addition, applicants for any
examination shall be required to pay, either to the
Department or to the designated testing service, a fee
covering the cost of determining the applicant's eligibility
and providing the examination. Failure to appear for the
examination on the scheduled date, the time, and place
specified, after the applicant's application for examination
has been received and acknowledged by the Department or the
designated testing service, shall result in the forfeiture of
the examination fee.
3. The fee for a license for a nursing home
administrator registered or licensed under the laws of
another U.S. jurisdiction is $150.
4. The fee for the renewal of a license shall be
calculated at the rate of $50 per year.
5. The fee for the restoration of a license other than
from inactive status is $10 plus payment of all lapsed
renewal fees.
6. The fee to be paid by an applicant for a temporary
license as provided under Section 9 of this Act is $75.
7. The fee for the issuance of a duplicate license, for
the issuance of a replacement license for a license which has
been lost or destroyed or for the issuance of a license with
a change of name or address other than during the renewal
period is $20.
8. The fee to be paid for a certification of a
licensee's record for any purpose is $20.
9. The fee to be paid to have the scoring of an
examination administered by the Department reviewed and
verified is $20 in addition to the fee required by the
testing service.
10. The fee by a licensee for a wall certificate showing
his licensure shall be the actual cost of producing such
certificate.
11. The fee for a roster of persons licensed as nursing
home administrators in this State shall be the actual cost of
producing such a roster.
12. The annual fee for continuing education sponsors is
$500, however State agencies, colleges and universities shall
be exempt from the payment of this fee.
(Source: P.A. 85-932.)
(225 ILCS 70/15) (from Ch. 111, par. 3665)
Sec. 15. Returned checks; fines. Any person who delivers
a check or other payment to the Department that is returned
to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to
the amount already owed to the Department, a fine of $50. If
the check or other payment was for a renewal or issuance fee
and that person practices without paying the renewal fee or
issuance fee and the fine due, an additional fine of $100
shall be imposed. The fines imposed by this Section are in
addition to any other discipline provided under this Act for
unlicensed practice or practice on a nonrenewed license. The
Department shall notify the person that payment of fees and
fines shall be paid to the Department by certified check or
money order within 30 calendar days of the notification. If,
after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary
remittance, the Department shall automatically terminate the
license or certificate or deny the application, without
hearing. If, after termination or denial, the person seeks a
license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or
certificate and pay all fees and fines due to the Department.
The Department may establish a fee for the processing of an
application for restoration of a license or certificate to
pay all expenses of processing this application. The Director
may waive the fines due under this Section in individual
cases where the Director finds that the fines would be
unreasonable or unnecessarily burdensome.
(Source: P.A. 86-596; 87-1031.)
(225 ILCS 70/17) (from Ch. 111, par. 3667)
Sec. 17. Grounds for disciplinary action.
(a) The Department may impose fines not to exceed
$1,000, or may refuse to issue or to renew, or may revoke,
suspend, place on probation, censure, reprimand or take other
disciplinary action with regard to the license of any person,
for any one or combination of the following causes:
(1) 1. Intentional material misstatement in
furnishing information to the Department.
(2) 2. Conviction of any crime under the laws of
the United States or any state or territory thereof that
which is a felony or which is a misdemeanor of which, an
essential element of which is dishonesty, or of any crime
that which is directly related to the practice of the
profession of nursing home administration.
(3) 3. Making any misrepresentation for the purpose
of obtaining a license licenses, or violating any
provision of this Act.
(4) 4. Immoral conduct in the commission of any
act, such as sexual abuse or sexual misconduct, related
to the licensee's practice.
(5) 5. Failing to respond within 60 days, to a
written request made by the Department for information
after consultation with the Nursing Home Administrator
Coordinator.
(6) 6. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(7) 7. Habitual 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.
(8) 8. Discipline by another U.S. jurisdiction if
at least one of the grounds for the discipline is the
same or substantially equivalent to those set forth
herein.
(9) 9. A finding by the Department that the
licensee, after having his or her license placed on
probationary status has violated the terms of probation.
(10) 10. Willfully making or filing false records
or reports in his or her practice, including but not
limited to false records filed with State agencies or
departments.
(11) 11. Physical illness, including but not
limited to, deterioration through the aging process, or
loss of motor skill that which results in the inability
to practice the profession with reasonable judgment,
skill or safety.
(12) 12. Disregard or violation of this Act or of
any rule or regulation issued pursuant to this Act
thereto.
(13) 13. Aiding or abetting another in the
violation of this Act or any rule or regulation issued
pursuant to this Act thereto.
(14) 14. Allowing one's license to be used by an
unlicensed person.
(15) 15. Conviction of any crime an essential
element of which is misstatement, fraud or dishonesty, or
conviction in this State or another state of any crime
that which is a felony under the laws of this State or
conviction of a felony in a federal court.
(16) 16. Professional incompetence in the practice
of nursing home administration.
(17) 17. Conviction of a violation of Section 12-19
of the Criminal Code of 1961 for the abuse and gross
neglect of a long term care facility resident.
(18) 18. Violation of the Nursing Home Care Act or
of any rule issued under the Nursing Home Care Act.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the
Department may deem proper, with regard to a license on any
of the foregoing grounds, must be commenced within 3 years
next after receipt by the Department of (i) a complaint
alleging the commission of or notice of the conviction order
for any of the acts described herein or (ii) a referral for
investigation under Section 3-108 of the Nursing Home Care
Act.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Department order based upon
a finding by the Board that they have been determined to be
recovered from mental illness by the court and upon the
Board's recommendation that they be permitted to resume their
practice.
The Department, upon the recommendation of the Board,
shall adopt rules which set forth standards to be used in
determining what constitutes:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) dishonorable, unethical or unprofessional
conduct of a character likely to deceive, defraud, or
harm the public;
(c) immoral conduct in the commission of any act
related to the licensee's practice; and
(d) professional incompetence in the practice of
nursing home administration.
However, no such rule shall be admissible into evidence
in any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Department or Board, upon
a showing of a possible violation of paragraph 7 or 11, of
subsection (a), of Section 17, may compel any individual
licensed to practice under this Act, or who has applied for
licensure pursuant to 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
physicians shall be those specifically designated by the
Department or Board. The Department or Board may order the
examining physician to present testimony concerning this
mental or physical examination of the licensee or applicant.
No information shall be excluded by reason of any common law
or statutory privilege relating to communications between the
licensee or applicant and the examining physician. 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 mental or physical examination, when
directed, shall be grounds for suspension of his or her
license until such time as the individual submits to the
examination if the Department Board finds, after notice and
hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Department or Board finds an individual a Nursing
Home Administrator unable to practice because of the reasons
set forth in this Section, the Department or Board shall
require such individual to submit to care, counseling, or
treatment by physicians approved or designated by the
Department or Board, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or
in lieu of care, counseling, or treatment, the Department may
file, or the Board may recommend to the Department to file, a
complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. Any individual
Administrator, whose license was granted pursuant to this
Act, or, continued, reinstated, renewed, disciplined or
supervised, subject to such terms, conditions or restrictions
who shall fail to comply with such terms, conditions or
restrictions, or to complete a required program of care,
counseling, or treatment, as determined by the Nursing Home
Administrator Coordinator, shall be referred to the Director
for a determination as to whether the licensee shall have his
or her their license suspended immediately, pending a hearing
by the Department Board. In instances in which the Director
immediately suspends a license under this Section, 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 administrator's record of
treatment and counseling regarding the impairment, to the
extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
An individual licensed under this Act, affected under
this Section, shall be afforded an opportunity to demonstrate
to the Department or Board that he or she they can resume
practice in compliance with acceptable and prevailing
standards under the provisions of his or her their license.
(b) Immunity from prosecution. Any individual or
organization acting in good faith, and not in a wilful and
wanton manner, in complying with this Act by providing any
report or other information to the Department Board, or
assisting in the investigation or preparation of such
information, or by participating in proceedings of the
Department 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.
(c) Indemnification. Members of the Board, and persons
retained under contract to assist and advise the Nursing Home
Administrator Coordinator in an investigation, shall be
indemnified by the State for any actions occurring within the
scope of services on or for the Board, done in good faith and
not wilful and wanton in nature. 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 wilful and wanton.
Should the Attorney General decline representation, a
person entitled to indemnification under this Section 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
wilful and wanton.
A person entitled to indemnification under this Section
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 a person entitled to indemnification under this
Section.
(d) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the "Mental Health and Developmental Disabilities
Code", as amended, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Director that the licensee be allowed to resume
his or her practice.
(e) The Department may refuse to issue or may suspend
the license certificate 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.
(f) The Illinois Department of Public Health shall
transmit to the Department a list of those facilities which
receive an "A" violation as defined in Section 1-129 of the
Nursing Home Care Act.
(Source: P.A. 89-197, eff. 7-21-95.)
(225 ILCS 70/18) (from Ch. 111, par. 3668)
Sec. 18. Cease and desist order.
(a) If any person who is not a licensed nursing home
administrator violates a the provision of this Act, the
Director may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois or the State's Attorney of any county in which the
action is brought, petition, for an order enjoining such
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition in court, the court
may issue a temporary restraining order, without notice or
bond, and may preliminarily and permanently enjoin such
violation., and If it is established that such person has
violated or is violating the injunction, the Court may punish
the offender for contempt of court. Proceedings under this
Section shall be in addition to, and not in lieu of, all
other remedies and penalties provided by this Act.
(b) If any person shall practice as a nursing home
administrator or hold himself or herself out as a nursing
home administrator without being licensed under the
provisions of this Act, then any licensed nursing home
administrator, any interested party, or any person injured
thereby may, in addition to the Director, petition for relief
as provided in subsection (a) of this Section.
Whoever knowingly practices or offers to practice nursing
home administration in this State without being licensed for
that purpose shall be guilty of a Class A misdemeanor and for
each subsequent conviction, shall be guilty of a Class 4
felony.
(c) Whenever in the opinion of the Department any person
not licensed in good standing violates any provision of this
Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against him
or her. The rule shall clearly set forth the grounds relied
upon by the Department and shall provide a period of 7
working days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued immediately forthwith.
(Source: P.A. 85-932.)
(225 ILCS 70/19) (from Ch. 111, par. 3669)
Sec. 19. Investigation; hearing notification. Upon the
motion of either the Department or the Board or upon the
verified complaint in writing of any person setting forth
facts that which, if proven, would constitute grounds for
suspension or revocation under Section 17 of this Act, the
Department shall investigate the actions of any person, so
accused, who holds or represents that he or she holds they
hold a license. Such a person is hereinafter called the
accused.
The Department shall, before suspending, revoking,
placing on probationary status, or taking any other
disciplinary action as the Department may deem proper with
regard to any license at least 30 days prior to the date set
for the hearing, notify the accused in writing of any charges
made and the time and place for a hearing of the charges
before the Board, direct them to file their written answer to
such notice thereto to the Board under oath within 30 days
after the service on them of such notice and inform them that
if they fail to file such answer default will be taken
against them and their license may be suspended, revoked,
placed on probationary status, or have other disciplinary
action, including limiting the scope, nature or extent of
their practice, as the Department may deem proper taken with
regard thereto.
Such written notice and any notice in such proceedings
thereafter may be served by delivery of the same, personally,
to the accused person, or by mailing the same by registered
or certified mail to the address last theretofore specified
by the accused in their last notification to the Department.
(Source: P.A. 85-932.)
(225 ILCS 70/20) (from Ch. 111, par. 3670)
Sec. 20. Board hearing; recommendation. At the time and
place fixed in the notice, the Board provided for in this Act
shall proceed to hear the charges and both the accused person
and the complainant shall be accorded ample opportunity to
present in person, or by counsel, such statements, testimony,
evidence and argument as may be pertinent to the charges or
to any defense thereto. The Board may continue such hearing
from time to time. If the Board is not sitting at the time
and place fixed in the notice or at the time and place to
which the hearing has been continued, the Department shall
continue such hearing for a period not to exceed 30 days.
In case the accused person, after receiving notice, fails
to file an answer, the Board may recommend that his or her
license be suspended, revoked or placed on probationary
status, or the Board may recommend whatever disciplinary
action as it may deem proper, without a hearing, if the act
or acts charged constitute sufficient grounds for such action
under this Act.
The Board has the authority to recommend to the Director
that probation be granted or that other disciplinary action,
be taken as it deems proper. If disciplinary action, other
than suspension or revocation, is taken the Board may
recommend that the Director impose reasonable limitations and
requirements upon the accused registrant to insure compliance
with the terms of the probation or other disciplinary action,
including, but not limited to, regular reporting by the
accused to the Department of their actions, placing
themselves under the care of a qualified physician for
treatment, or limiting their practice in such manner as the
Director may require.
The Director, after consultation with the Nursing Home
Administrator Coordinator, may temporarily suspend the
license of a nursing home administrator without a hearing,
simultaneously with the institution of proceedings for a
hearing provided under this Section if the Director finds
that evidence in his or her possession indicates that an
administrator's continuation in practice would constitute an
immediate danger to the public. If the Director suspends,
temporarily, the license of an administrator without a
hearing, a hearing by the Board shall be held within 15 days
after such suspension has occurred and shall be concluded
without appreciable delay.
(Source: P.A. 85-932.)
(225 ILCS 70/20.1 new)
Sec. 20.1. Summary suspension. The Director may summarily
suspend the license of a nursing home administrator without a
hearing, simultaneously with the institution of proceedings
for a hearing provided under this Section if the Director
finds that evidence in his or her possession indicates that
an administrator's continuation in practice would constitute
an immediate danger to the public. If the Director summarily
suspends the license of an administrator without a hearing, a
hearing shall be held within 30 days after the suspension has
occurred.
(225 ILCS 70/21) (from Ch. 111, par. 3671)
Sec. 21. Appointment of hearing officer. The Director
shall have the authority to appoint an attorney duly licensed
to practice law in the State of Illinois to serve as the
hearing officer in any action for refusal to issue, renew, or
discipline a license before the Board to suspend, revoke,
place on probationary status, or take any other disciplinary
action with regard to a license. The hearing officer shall
have full authority to conduct the hearing. There shall be
present at least one member of the Board at any such hearing.
The hearing officer shall report his or her findings of fact,
conclusions of law, and recommendations to the Board within
30 days of the receipt of the record. The Board shall have 60
90 days after from receipt of the report to review the report
of the hearing officer and present its their findings of
fact, conclusions of law, and recommendations to the
Director. If the Board fails to present its report within the
60 90 day period, the Director may issue an order based on
the report of the hearing officer. However, if the Board
does present its report within the specified 60 90 days, the
Director's order shall be based upon the report of the Board.
If the Director disagrees with the recommendation of the
Board or the hearing officer, the Director may issue an order
in contravention of the Board's report. The Director shall
promptly provide a written explanation to the Board on any
such disagreement.
(Source: P.A. 85-932.)
(225 ILCS 70/22) (from Ch. 111, par. 3672)
Sec. 22. Subpoena power. The Board or Department has
power to subpoena and bring before it any person in this
State and to take testimony either orally or by deposition,
or both, with the same fees and mileage and in the same
manner as is prescribed by law for judicial proceedings in
civil cases.
The Department Board, upon a determination that probable
cause exists that a violation of one or more of the grounds
for discipline listed in Section 17 has occurred or is
occurring, may subpoena the records of an individual licensed
under this Act, provided, that prior to the submission of
such records to the Board, all information indicating the
identity of any resident shall be removed and deleted. The
use of such records shall be restricted to members of the
Board, the Nursing Home Administrator Coordinator, and
appropriate staff of the Department for the purpose of
determining the existence of one or more grounds for
discipline of the nursing home administrator as provided for
by Section 17 of this Act. Any such review of individual
residents' records shall be conducted by the Board in strict
confidentiality, provided that such resident records shall be
admissible in a disciplinary hearing, before the Department
Board, when necessary to substantiate the grounds for
discipline alleged against the administrator licensed under
this Act, and provided further, that nothing herein shall be
deemed to supersede the provisions of Part 21 of Article VIII
of the "Code of Civil Procedure", as now or hereafter
amended, to the extent applicable.
The Director, the designated hearing officer, and any
member of the Board each have the power to administer oaths
at any hearing that which the Board or Department is
authorized by law to conduct and any other oaths authorized
in an Act administered by the Department.
(Source: P.A. 85-932.)
(225 ILCS 70/23) (from Ch. 111, par. 3673)
Sec. 23. Record of proceedings. Stenographer; transcript.
The Department, at its expense, shall provide a stenographer
to take down the testimony and preserve a record of all
proceedings at any formal the hearing of any case wherein a
license may be revoked, suspended, placed on probationary
status, or other disciplinary action taken with regard
thereto. The notice of hearing, complaint, and all other
documents in the nature of pleadings and written motions
filed in the proceedings, the transcript of testimony, the
report of the Board, and the orders of the Department shall
be constitute the record of the proceedings. The Department
shall furnish a transcript of the record to any person
interested in such hearing upon payment of the fee required
under Section 60f of the Civil Administrative Code of
Illinois.
(Source: P.A. 87-1031.)
(225 ILCS 70/24) (from Ch. 111, par. 3674)
Sec. 24. Motion for rehearing. The Board shall present
to the Director a written report of its findings and
recommendations. A copy of such report shall be served upon
the accused person, either personally or by registered or
certified mail. Within 20 30 days after such service, the
accused person may present to the Department a their motion,
in writing, for a rehearing, which written motion shall
specify the particular grounds for rehearing ground therefor.
If the accused person orders and pays for a transcript of the
record as provided in Section 23, the time elapsing
thereafter and before such transcript is ready for delivery
to them shall not be counted as part of such 30 days.
At the expiration of the time allowed for filing a motion
for rehearing, the Director may take the action recommended
by the Board. Upon the suspension, revocation, placement on
probationary status, or the taking of any other disciplinary
action, deemed proper by the Board, with regard to the
license, the accused shall surrender their license to the
Department, if ordered to do so by the Department, and upon
their failure or refusal so to do, the Department may seize
the same.
Each order of revocation, suspension, or other
disciplinary action shall contain a brief, concise statement
of the ground or grounds upon which the Department's action
is based, as well as the specific terms and conditions of
such action. This document shall be retained as a permanent
record by the Board and the Director.
The Department shall at least annually publish a list of
the names of all persons disciplined under this Act in the
preceding 12 months. Such lists shall be mailed by the
Department to any person in the State upon request.
In those instances where an order of revocation,
suspension, or other disciplinary action has been rendered by
virtue of a Nursing Home Administrator's physical illness,
including, but not limited to, deterioration through the
aging process, or loss of motor skill which results in an
inability to practice with reasonable judgment, skill, or
safety, the Department shall only permit this document, and
the record of the hearing incident thereto, to be observed,
inspected, viewed, or copied pursuant to court order.
(Source: P.A. 85-932.)
(225 ILCS 70/24.1 new)
Sec. 24.1. Surrender of license; record; list of
disciplinees. Upon the suspension, revocation, placement on
probationary status, or the taking of any other disciplinary
action deemed proper by the Board with regard to a license,
the accused shall surrender his or her license to the
Department, if ordered to do so by the Department, and upon
his or her failure or refusal to do so, the Department may
seize the license.
Each order of revocation, suspension, or other
disciplinary action shall contain a brief, concise statement
of the ground or grounds upon which the Department's action
is based, as well as the specific terms and conditions of
such action. This document shall be retained as a permanent
record by the Board and the Director.
The Department shall at least annually publish a list of
the names of all persons disciplined under this Act in the
preceding 12 months. Such lists shall be mailed by the
Department to any person in the State upon request.
In those instances where an order of revocation,
suspension, or other disciplinary action has been rendered by
virtue of a nursing home administrator's physical illness,
including but not limited to deterioration through the aging
process, or loss of motor skill that results in an inability
to practice with reasonable judgment, skill, or safety, the
Department shall only permit this document, and the record of
the hearing incident thereto, to be observed, inspected,
viewed, or copied pursuant to court order.
(225 ILCS 70/28) (from Ch. 111, par. 3678)
Sec. 28. Rehearing on order of Director. Whenever the
Director believes justice has not been done in the refusal to
issue or renew a license or revocation, suspension, or
discipline of a license, he or she may order a rehearing.
None of the disciplinary functions, powers and duties
enumerated in this Act shall be exercised by the Department
except upon the action and report in writing of the Board.
In all instances, under this Act, in which the Board has
rendered a recommendation to the Director with respect to a
particular administrator, the Director shall, in the event
that he or she disagrees with or takes action contrary to the
recommendation of the Board, file with the Board and the
Secretary of State his or her specific written reasons of
disagreement with the Board. Such reasons shall be filed
within 30 days of the occurrence of the Director's contrary
position having been taken.
The action and report in writing of a majority of the
Board designated is sufficient authority upon which the
Director may act.
Whenever the Director is satisfied that substantial
justice has not been done either in an examination, or in a
formal disciplinary action, or refusal to restore a license,
he or she may order a re-examination or re-hearing by the
same or other examiners.
(Source: P.A. 85-932.)
(225 ILCS 70/37 rep.)
Section 45. The Nursing Home Administrators Licensing and
Disciplinary Act is amended by repealing Section 37.
Section 50. The Physician Assistant Practice Act of 1987
is amended by changing Sections 6, 9, 10, 11, 14, 16, 17, 21,
22.1, 22.2, 22.5, 22.7, 22.11, 22.12, and 24 and by adding
Section 14.1 as follows:
(225 ILCS 95/6) (from Ch. 111, par. 4606)
Sec. 6. Title; billing. No physician assistant shall use
the title of doctor or associate with his or her name or any
other term that which would indicate to other persons that he
or she is qualified to engage in the general practice of
medicine. A physician assistant shall not be allowed to bill
patients or in any way to charge for services. Nothing in
this Act, however, shall be so construed as to prevent the
employer of a physician assistant from charging for services
rendered by the physician assistant. The supervising
physician shall file with the Department notice of
employment, discharge, or supervisory control of a physician
assistant at the time of employment, discharge, or assumption
of supervisory control of a physician assistant.
(Source: P.A. 85-981.)
(225 ILCS 95/9) (from Ch. 111, par. 4609)
Sec. 9. Application for licensure. Applications for
original licenses shall be made to the Department in writing
on forms prescribed by the Department and shall be
accompanied by the required fee, which shall not be
refundable. An Any such application shall require such
information that as in the judgment of the Department will
enable the Department to pass on the qualifications of the
applicant for a license. An Such application shall include
evidence of passage of the examination of the National
Commission on the Certification of Physician Assistants, or
its successor agency, and proof that the applicant holds a
valid certificate issued by that Commission.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the
fee shall be forfeited, and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
If an applicant fails to obtain registration under this
Act within 3 years after filing his application, the
application shall be denied. However, such applicant may make
a new application, accompanied by the required fee.
(Source: P.A. 86-596.)
(225 ILCS 95/10) (from Ch. 111, par. 4610)
Sec. 10. Identification. No person shall use the title or
perform the duties of "Physician assistant" unless he or she
is a qualified holder of a license issued by the Department
certificate as provided in this Act. A physician assistant
shall wear on his or her person a visible identification
indicating that he or she is certified as a physician
assistant while acting in the course of his or her duties.
(Source: P.A. 85-981.)
(225 ILCS 95/11) (from Ch. 111, par. 4611)
Sec. 11. Committee. There is established a physician
assistant advisory committee to the Medical Licensing Board.
The physician assistant advisory committee shall review and
make recommendations to the Board regarding all matters
relating to physician assistants. The physician assistant
advisory committee shall be composed of 7 members. Three of
the 7 members shall be physicians, 2 of whom shall be members
of the Board and appointed to the advisory committee by the
chairman. One physician, not a member of the Board, shall be
a supervisor of a certified physician assistant and shall be
approved by the Governor from a list of Illinois physicians
supervising certified physician assistants. Three members
shall be physician assistants, certified under the law and
appointed by the Governor from a list of 10 names recommended
by the Board of Directors of the Illinois Academy of
Physician Assistants. One member, not employed or having any
material interest in any health care field, shall be
appointed by the Governor and represent the public. The
chairman of the physician assistant advisory committee shall
be a member elected by a majority vote of the physician
assistant advisory committee unless already a member of the
Board. The physician assistant advisory committee is required
to meet and report to the Board quarterly and as physician
assistant issues arise. Initial appointment to the physician
assistant advisory committee shall be made within 90 days
after the effective date of this Section. The terms of office
of each of the original 7 members shall be at staggered
intervals. One physician and one physician assistant shall
serve for a 2 year term. One physician and one physician
assistant shall serve a 3 year term. One physician, one
physician assistant and the public member shall serve a 4
year term. Upon the expiration of the term of any member, his
successor shall be appointed for a term of 4 years in the
same manner as the initial appointment. No member shall serve
more than 2 consecutive terms.
The members of the physician assistant advisory committee
shall be reimbursed for all authorized legitimate and
necessary expenses incurred in attending the meetings of the
committee.
A majority of the physician assistant advisory committee
members currently appointed shall constitute a quorum. A
vacancy in the membership of the committee shall not impair
the right of a quorum to perform all of the duties of the
committee.
Members of the physician assistant advisory committee
shall have no liability for any action based upon a
disciplinary proceeding or other activity performed in good
faith as a member of the committee.
(Source: P.A. 85-981.)
(225 ILCS 95/14) (from Ch. 111, par. 4614)
Sec. 14. Issuance of license.
(a) Upon the satisfactory completion of application and
examination procedures and compliance with the applicable
rules of the Department, the Department shall issue a
physician assistant license certificate to the qualifying
applicant who holds a certificate issued by the National
Commission on the Certification of Physician Assistants or
equivalent successor agency.
(b) Those Individuals who have successfully completed an
approved physician assistant program as determined by rules
of the Department, and who have made application to the
Department and submitted evidence to the Department of
admission to the certifying examination administered by the
National Commission on the Certification of Physician
Assistants, or its successor agency, shall be issued a
temporary license that certificate which shall allow the
applicant to practice until:
(1) he or she receives certification from the
National Commission on the Certification of Physician
Assistants or its successor agency; or
(2) fifteen months have elapsed, whichever comes
first.
Under no circumstances shall such applicant continue to
practice on the temporary license certificate after
notification that he or she has failed the examination. Such
authorization shall not be renewable.
(Source: P.A. 85-981.)
(225 ILCS 95/14.1 new)
Sec. 14.1. Fees.
(a) The Department shall provide by rule for a schedule
of fees to be paid for licenses by all applicants. All fees
are not refundable.
(b) Except as provided in subsection (c) below, the fees
for the administration and enforcement of this Act, including
but not limited to original licensure, renewal, and
restoration, shall be set by rule.
(c) All moneys collected under this Act by the
Department shall be deposited in the Illinois State Medical
Disciplinary Fund in the State Treasury and used (1) in the
exercise of its powers and performance of its duties under
this Act, as such use is made by the Department; (2) for
costs directly related to license renewal of persons licensed
under this Act; (3) for the costs incurred by the physician
assistant advisory committee in the exercise of its powers
and performance of its duties under this Act, as such use is
made by the Department; and (4) for direct and allocable
indirect costs related to the public purposes of the
Department of Professional Regulation.
All earnings received from investment of moneys in the
Illinois State Medical Disciplinary Fund shall be deposited
into the Illinois State Medical Disciplinary Fund and shall
be used for the same purposes as fees deposited in the Fund.
(225 ILCS 95/16) (from Ch. 111, par. 4616)
Sec. 16. Expiration; renewal. The expiration date and
renewal period for each license issued under this Act shall
be set by rule. Renewal shall be conditioned on paying the
required fee and by meeting such other requirements as may be
established by rule.
Any physician assistant who has permitted his or her
license to expire or who has had his or her license on
inactive status may have the his license restored by making
application to the Department and filing proof acceptable to
the Department of his or her fitness to have the his license
restored, and by paying the required fees. Such Proof of
fitness may include sworn evidence certifying to active
lawful practice in another jurisdiction.
If the physician assistant has not maintained an active
practice in another jurisdiction satisfactory to the
Department, the Department shall determine, by an evaluation
program established by rule, his or her fitness for
restoration of the his license and shall establish procedures
and requirements for such restoration.
However, any physician assistant whose license expired
while he or she was (1) in federal service on active duty
with the Armed Forces of the United States, or the State
Militia called into service or training, or (2) in training
or education under the supervision of the United States
preliminary to induction into the military service, may have
the his license restored without paying any lapsed renewal
fees if within 2 years after honorable termination of such
service, training, or education he or she furnishes the
Department with satisfactory evidence to the effect that he
or she has been so engaged and that his or her service,
training, or education has been so terminated.
(Source: P.A. 85-981.)
(225 ILCS 95/17) (from Ch. 111, par. 4617)
Sec. 17. Inactive status. Any physician assistant who
notified the Department in writing on forms prescribed by the
Department, may elect to place his or her license on an
inactive status and shall, subject to rules of the
Department, be excused from payment of renewal fees until he
or she notifies the Department in writing of his or her
intention to restore the his license.
Any physician assistant requesting restoration from
inactive status shall be required to pay the current renewal
fee and shall be required to restore his or her license, as
provided in Section 16 of this Act.
Any physician assistant whose license is in an inactive
status shall not practice in the State of Illinois.
Any licensee who shall engage in practice while his or
her license is lapsed or on inactive status shall be
considered to be practicing without a license, which shall be
grounds for discipline under Section 21 of this Act.
(Source: P.A. 85-981.)
(225 ILCS 95/21) (from Ch. 111, par. 4621)
Sec. 21. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or
may revoke, suspend, place on probation, censure or
reprimand, or take other disciplinary action with regard to
any license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $5000
for each violation, for any one or combination of the
following causes:
(1) 1. Material misstatement in furnishing
information to the Department.;
(2) 2. Violations of this Act, or the rules adopted
under this Act promulgated hereunder.;
(3) 3. Conviction of any crime under the laws of
any U.S. jurisdiction that thereof which is a felony or
that which is a misdemeanor, an essential element of
which is dishonesty, or of any crime which is directly
related to the practice of the profession.;
(4) 4. Making any misrepresentation for the purpose
of obtaining licenses.;
(5) 5. Professional incompetence.;
(6) 6. Aiding or assisting another person in
violating any provision of this Act or its rules.;
(7) 7. Failing, within 60 days, to provide
information in response to a written request made by the
Department.;
(8) 8. Engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a
character likely to deceive, defraud, or harm the
public.;
(9) 9. Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that which results in a physician
assistant's assistants' inability to practice with
reasonable judgment, skill, or safety.;
(10) 10. Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for a
discipline is the same or substantially equivalent to
those set forth in this Section herein.;
(11) 11. 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.;
(12) 12. A finding by the Disciplinary Board that
the licensee, after having his or her license placed on
probationary status has violated the terms of probation.;
(13) 13. Abandonment of a patient.;
(14) 14. Willfully making or filing false records
or reports in his or her practice, including but not
limited to false records filed with state agencies or
departments.;
(15) 15. Willfully failing to report an instance of
suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.;
(16) 16. Physical illness, including but not
limited to, deterioration through the aging process, or
loss of motor skill, mental illness, or disability that
which results in the inability to practice the profession
with reasonable judgment, skill or safety.;
(17) 17. Being named as a perpetrator in an
indicated report by the Department of Children and Family
Services under the Abused and Neglected Child Reporting
Act, and upon proof by clear and convincing evidence that
the licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.;
(18) 18. Conviction in this State or another state
of any crime that which is a felony under the laws of
this State, or conviction of a felony in a federal
court.;
(19) 19. Gross malpractice resulting in permanent
injury or death of a patient.;
(20) 20. Employment of fraud, deception, or any
unlawful means in applying for or securing a license as a
physician assistant.;
(21) 21. Exceeding the authority delegated to him
or her by his or her supervising physician in guidelines
established by the physician/physician assistant team.;
(22) 22. Immoral conduct in the commission of any
act, such as sexual abuse, sexual misconduct or sexual
exploitation, related to the licensee's practice.;
(23) 23. Violation of the Health Care Worker
Self-Referral Act.
(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 the 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 determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The Such suspension
will end only upon a finding by a court that the patient is
no longer subject to involuntary admission or judicial
admission and issues an order so finding and discharging the
patient,; and upon the recommendation of the Disciplinary
Board to the Director that the licensee be allowed to resume
his or her practice.
(d) In enforcing this Section, the Department upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied 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 Department may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Department. 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 this examination. Failure of
an individual to submit to a mental or physical examination,
when directed, shall be grounds for suspension of his or her
license until the individual submits to the examination if
the Department finds, after notice and hearing, that the
refusal to submit to the examination was without reasonable
cause.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or,
in lieu of care, counseling, or treatment, the Department may
file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Director for a determination as to whether the individual
shall have his or her license suspended immediately, pending
a hearing by the Department.
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 87-1207.)
(225 ILCS 95/22.1) (from Ch. 111, par. 4622.1)
Sec. 22.1. Injunction.
(a) If any person violates the provision of this Act,
the Director may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, or the State's Attorney of any county in which the
action is brought, petition, for an order enjoining the such
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition in court, the court
may issue a temporary restraining order, without notice or
bond, and may preliminarily and permanently enjoin such
violation, and if it is established that such person has
violated or is violating the injunction, the Court may punish
the offender for contempt of court. Proceedings under this
Section shall be in addition to, and not in lieu of, all
other remedies and penalties provided by this Act.
(b) If any person shall practice as a physician
assistant or hold himself or herself out as a physician
assistant without being licensed under the provisions of this
Act, then any licensed physician assistant, any interested
party or any person injured thereby may, in addition to the
Director, petition for relief as provided in subsection (a)
of this Section.
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue
a rule to show cause why an order to cease and desist should
not be entered against him. The rule shall clearly set forth
the grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer
to the satisfaction of the Department. Failure to answer to
the satisfaction of the Department shall cause an order to
cease and desist to be issued forthwith.
(Source: P.A. 85-981.)
(225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
Sec. 22.2. Investigation; notice; hearing. The Department
may investigate the actions of any applicant or of any person
or persons holding or claiming to hold a license. The
Department shall, before suspending, revoking, placing on
probationary status, or taking any other disciplinary action
as the Department may deem proper with regard to any license
or certificate, at least 30 days prior to the date set for
the hearing, notify the applicant or licensee accused in
writing of any charges made and the time and place for a
hearing of the charges before the Disciplinary Board, direct
him or her to file his or her written answer thereto to the
Disciplinary Board under oath within 20 days after the
service on him or her of such notice and inform him or her
that if he or she fails to file such answer default will be
taken against him or her and his or her license or
certificate may be suspended, revoked, placed on probationary
status, or have other disciplinary action, including limiting
the scope, nature or extent of his or her practice, as the
Department may deem proper taken with regard thereto. Such
written notice may be served by personal delivery or
certified or registered mail at the last address of his or
her last notification to the Department. At the time and
place fixed in the notice, the Department shall proceed to
hear the charges and the parties or their counsel shall be
accorded ample opportunity to present such statements,
testimony, evidence, and argument as may be pertinent to the
charges or to the defense thereto. The Department may
continue such hearing from time to time. In case the
applicant or licensee accused person, after receiving notice,
fails to file an answer, his or her license or certificate
may in the discretion of the Director, having received first
the recommendation of the Disciplinary Board, be suspended,
revoked, placed on probationary status, or the Director may
take whatever disciplinary action as he or she may deem
proper, including limiting the scope, nature, or extent of
such person's practice, without a hearing, if the act or acts
charged constitute sufficient grounds for such action under
this Act.
(Source: P.A. 85-981.)
(225 ILCS 95/22.5) (from Ch. 111, par. 4622.5)
Sec. 22.5. Subpoena power; oaths. The Department shall
have power to subpoena and bring before it any person in this
State and to take testimony either orally or by deposition or
both, with the same fees and mileage and in the same manner
as prescribed by law in judicial proceedings in civil cases
in circuit courts of this State.
The Director, the designated hearing officer, and any
member of the Disciplinary Board designated by the Director
shall each have power to administer oaths to witnesses at any
hearing which the Department is authorized to conduct under
this Act, and any other oaths required or authorized to be
administered by the Department under this Act hereunder.
(Source: P.A. 85-981.)
(225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
Sec. 22.7. Hearing officer. Notwithstanding the
provisions of Section 22.2 of this Act, the Director 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 for refusal to issue or, renew, or for
discipline of, a license or certificate. The Director shall
notify the Disciplinary Board of any such appointment. The
hearing officer shall have full authority to conduct the
hearing. The hearing officer shall report his or her
findings of fact, conclusions of law, and recommendations to
the Disciplinary Board and the Director. The Disciplinary
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
Director. If the Disciplinary Board fails to present its
report within the 60 day period, the Director shall issue an
order based on the report of the hearing officer. If the
Director disagrees in any regard with the report of the
Disciplinary Board or hearing officer, he or she may issue an
order in contravention thereof. The Director shall provide a
written explanation to the Disciplinary Board on any such
deviation, and shall specify with particularity the reasons
for such action in the final order.
(Source: P.A. 85-981.)
(225 ILCS 95/22.11) (from Ch. 111, par. 4622.11)
Sec. 22.11. Restoration of license. At any time after the
suspension or revocation of any license the Department may
restore it to the licensee accused person, unless after an
investigation and a hearing, the Department determines that
restoration is not in the public interest. Where
circumstances of suspension or revocation so indicate, the
Department may require an examination of the licensee prior
to restoring his or her license.
(Source: P.A. 85-981.)
(225 ILCS 95/22.12) (from Ch. 111, par. 4622.12)
Sec. 22.12. Surrender of license. Upon the revocation or
suspension of any license, the licensee shall immediately
forthwith surrender the license to the Department. and If the
licensee fails to do so, the Department shall have the right
to seize the license.
(Source: P.A. 85-981.)
(225 ILCS 95/24) (from Ch. 111, par. 4624)
Sec. 24. Pending actions. All licenses in effect on
December 31, 1987 and issued pursuant to the "Physician's
Assistants Practice Act", approved September 11, 1975, as
amended, are reinstated for the balance of the term for which
last issued. All rules and regulations in effect on December
31, 1987 and promulgated pursuant to the "Physician's
Assistants Practice Act", approved September 11, 1975, as
amended, shall remain in full force and effect on the
effective date of this Act without being promulgated again by
the Department, except to the extent any such rule or
regulation is inconsistent with any provision of this Act.
All disciplinary actions taken or pending pursuant to the
"Physician's Assistants Practice Act", approved September 11,
1975, as amended, shall, for the actions taken, remain in
effect, and for the actions pending, shall be continued, on
the effective date of this Act without having separate
actions filed by the Department.
(Source: P.A. 85-981.)
(225 ILCS 95/18 rep.)
Section 55. The Physician Assistant Practice Act of 1987
is amended by repealing Section 18.
Section 70. The Professional Geologist Licensing Act is
amended by changing Sections 25, 52, and 65 as follows:
(225 ILCS 745/25)
Sec. 25. Restrictions and limitations. No person shall,
without a valid license issued by the Department (i) in any
manner hold himself or herself out to the public as a
licensed professional geologist; (ii) attach the title
"Licensed Professional Geologist" to his or her name; or
(iii) render or offer to render to individuals, corporations,
or public agencies services constituting the practice of
professional geology.
Individuals practicing geology in Illinois as of the
effective date of this amendatory Act of 1997 may continue to
practice as provided in this Act until the Department has
adopted rules implementing this Act. To continue practicing
geology after the adoption of rules, individuals shall apply
for licensure within 180 days after the effective date of the
rules. If an application is received during the 180-day
period, the individual may continue to practice until the
Department acts to grant or deny licensure. If an
application is not filed within the 180-day period, the
individual must cease the practice of geology at the
conclusion of the 180-day period and until the Department
acts to grant a license to the individual.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/52)
Sec. 52. Alternate qualification for licensure. The
Department may issue a license to practice professional
geology in Illinois to any applicant who, on or before July
1, 1998 within one calendar year after the effective date of
this Act, meets the following qualifications:
(1) The applicant has completed an application form
and remitted the application fee.
(2) The applicant meets all of the requirements for
a license under subsection (a) of Section 50 excluding
the requirements for passing the required examination.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/65)
Sec. 65. Expiration and renewal of license. The
expiration date and renewal period for each license shall be
set by rule. A professional geologist whose license has
expired may reinstate his or her license at any time within 5
years after the expiration thereof, by making a renewal
application and by paying the required fee. However, any
professional geologist whose license expired while he or she
was (i) on active duty with the Armed Forces of the United
States or called into service or training by the State
militia or (ii) in training or education under the
supervision of the United States preliminary to induction
into the military service, may have his professional
geologist license renewed, reinstated, or restored without
paying any lapsed renewal fees if within 2 years after
termination of the service, training, or education the
professional geologist furnishes the Department with
satisfactory evidence of service, training, or education and
it has been terminated under honorable conditions.
Any professional geologist whose license has expired for
more than 5 years may have it restored by making application
to the Department, paying the required fee, and filing
acceptable proof of fitness to have the license restored. The
proof may include sworn evidence certifying active practice
in another jurisdiction. If the geologist has not practiced
for 5 years or more, the Board shall determine by an
evaluation program established by rule, whether that
individual is fit to resume active status and may require the
professional geologist to complete a period of evaluated
professional clinical experience and may require successful
completion of an examination.
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.
(Source: P.A. 89-366, eff. 7-1-96.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect
December 30, 1997, except that Sections 10, 15, and 99 take
effect upon becoming law.
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.9 from Ch. 127, par. 1904.9
5 ILCS 80/4.18 new
225 ILCS 2/10
225 ILCS 2/15
225 ILCS 2/20
225 ILCS 2/25
225 ILCS 2/35
225 ILCS 2/40
225 ILCS 2/50
225 ILCS 2/55 new
225 ILCS 2/60
225 ILCS 2/70
225 ILCS 2/75 new
225 ILCS 2/80
225 ILCS 2/90
225 ILCS 2/100
225 ILCS 2/105 new
225 ILCS 2/110
225 ILCS 2/130
225 ILCS 2/135 new
225 ILCS 2/140
225 ILCS 2/145
225 ILCS 2/150
225 ILCS 2/152 new
225 ILCS 2/154 new
225 ILCS 2/155
225 ILCS 2/160
225 ILCS 2/165
225 ILCS 2/170
225 ILCS 2/175
225 ILCS 2/180
225 ILCS 2/185
225 ILCS 2/195
225 ILCS 2/45 rep.
225 ILCS 2/205 rep.
225 ILCS 55/20 from Ch. 111, par. 8351-20
225 ILCS 55/25 from Ch. 111, par. 8351-25
225 ILCS 55/30 from Ch. 111, par. 8351-30
225 ILCS 55/40 from Ch. 111, par. 8351-40
225 ILCS 55/45 from Ch. 111, par. 8351-45
225 ILCS 55/55 from Ch. 111, par. 8351-55
225 ILCS 55/60 from Ch. 111, par. 8351-60
225 ILCS 55/65 from Ch. 111, par. 8351-65
225 ILCS 55/85 from Ch. 111, par. 8351-85
225 ILCS 55/90 from Ch. 111, par. 8351-90
225 ILCS 55/95 from Ch. 111, par. 8351-95
225 ILCS 55/165 from Ch. 111, par. 8351-165
225 ILCS 55/50 rep.
225 ILCS 65/3 from Ch. 111, par. 3503
225 ILCS 65/4 from Ch. 111, par. 3504
225 ILCS 65/7 from Ch. 111, par. 3507
225 ILCS 65/10 from Ch. 111, par. 3510
225 ILCS 65/11 from Ch. 111, par. 3511
225 ILCS 65/12 from Ch. 111, par. 3512
225 ILCS 65/14 from Ch. 111, par. 3514
225 ILCS 65/16 from Ch. 111, par. 3516
225 ILCS 65/17 from Ch. 111, par. 3517
225 ILCS 65/21 from Ch. 111, par. 3521
225 ILCS 65/23 from Ch. 111, par. 3523
225 ILCS 65/24 from Ch. 111, par. 3524
225 ILCS 65/25 from Ch. 111, par. 3525
225 ILCS 65/26 from Ch. 111, par. 3526
225 ILCS 65/27 from Ch. 111, par. 3527
225 ILCS 65/30 from Ch. 111, par. 3530
225 ILCS 65/32 from Ch. 111, par. 3532
225 ILCS 65/33 from Ch. 111, par. 3533
225 ILCS 65/35 from Ch. 111, par. 3535
225 ILCS 65/36 from Ch. 111, par. 3536
225 ILCS 65/37 from Ch. 111, par. 3537
225 ILCS 65/38 from Ch. 111, par. 3538
225 ILCS 65/39 from Ch. 111, par. 3539
225 ILCS 65/40 from Ch. 111, par. 3540
225 ILCS 65/42 from Ch. 111, par. 3542
225 ILCS 65/43 from Ch. 111, par. 3543
225 ILCS 65/47 from Ch. 111, par. 3547
225 ILCS 65/8 rep.
225 ILCS 65/9 rep.
225 ILCS 65/13 rep.
225 ILCS 65/15 rep.
225 ILCS 65/19 rep.
225 ILCS 70/4 from Ch. 111, par. 3654
225 ILCS 70/5 from Ch. 111, par. 3655
225 ILCS 70/5.1 new
225 ILCS 70/6 from Ch. 111, par. 3656
225 ILCS 70/7 from Ch. 111, par. 3657
225 ILCS 70/8 from Ch. 111, par. 3658
225 ILCS 70/9 from Ch. 111, par. 3659
225 ILCS 70/10 from Ch. 111, par. 3660
225 ILCS 70/11 from Ch. 111, par. 3661
225 ILCS 70/12 from Ch. 111, par. 3662
225 ILCS 70/13 from Ch. 111, par. 3663
225 ILCS 70/14 from Ch. 111, par. 3664
225 ILCS 70/15 from Ch. 111, par. 3665
225 ILCS 70/17 from Ch. 111, par. 3667
225 ILCS 70/18 from Ch. 111, par. 3668
225 ILCS 70/19 from Ch. 111, par. 3669
225 ILCS 70/20 from Ch. 111, par. 3670
225 ILCS 70/20.1 new
225 ILCS 70/21 from Ch. 111, par. 3671
225 ILCS 70/22 from Ch. 111, par. 3672
225 ILCS 70/23 from Ch. 111, par. 3673
225 ILCS 70/24 from Ch. 111, par. 3674
225 ILCS 70/24.1 new
225 ILCS 70/28 from Ch. 111, par. 3678
225 ILCS 70/37 rep.
225 ILCS 95/6 from Ch. 111, par. 4606
225 ILCS 95/9 from Ch. 111, par. 4609
225 ILCS 95/10 from Ch. 111, par. 4610
225 ILCS 95/11 from Ch. 111, par. 4611
225 ILCS 95/14 from Ch. 111, par. 4614
225 ILCS 95/14.1 new
225 ILCS 95/16 from Ch. 111, par. 4616
225 ILCS 95/17 from Ch. 111, par. 4617
225 ILCS 95/21 from Ch. 111, par. 4621
225 ILCS 95/22.1 from Ch. 111, par. 4622.1
225 ILCS 95/22.2 from Ch. 111, par. 4622.2
225 ILCS 95/22.5 from Ch. 111, par. 4622.5
225 ILCS 95/22.7 from Ch. 111, par. 4622.7
225 ILCS 95/22.11 from Ch. 111, par. 4622.11
225 ILCS 95/22.12 from Ch. 111, par. 4622.12
225 ILCS 95/24 from Ch. 111, par. 4624
225 ILCS 95/18 rep.
225 ILCS 110/3 from Ch. 111, par. 7903
225 ILCS 110/3.5 new
225 ILCS 110/5 from Ch. 111, par. 7905
225 ILCS 110/7 from Ch. 111, par. 7907
225 ILCS 110/8 from Ch. 111, par. 7908
225 ILCS 110/9.5 new
225 ILCS 110/11 from Ch. 111, par. 7911
225 ILCS 110/13 from Ch. 111, par. 7913
225 ILCS 110/14 from Ch. 111, par. 7914
225 ILCS 110/16 from Ch. 111, par. 7916
225 ILCS 110/16.5 new
225 ILCS 110/17 from Ch. 111, par. 7917
225 ILCS 110/18 from Ch. 111, par. 7918
225 ILCS 110/21 from Ch. 111, par. 7921
225 ILCS 110/22 from Ch. 111, par. 7922
225 ILCS 110/28 from Ch. 111, par. 7928
225 ILCS 110/28.5 new
225 ILCS 110/29.5 new
225 ILCS 110/30 from Ch. 111, par. 7930
225 ILCS 110/33 from Ch. 111, par. 7933
225 ILCS 110/6 rep.
225 ILCS 110/7.5 rep.
225 ILCS 110/9 rep.
225 ILCS 110/12 rep.
225 ILCS 110/31 rep.
225 ILCS 110/32 rep.