Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB1716 Engrossed / Bill

Filed 03/30/2023

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1  AN ACT concerning regulation.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Regulatory Sunset Act is amended by
5  changing Sections 4.34 and 4.39 as follows:
6  (5 ILCS 80/4.34)
7  Sec. 4.34. Acts and Section repealed on January 1, 2024.
8  The following Acts and Section of an Act are repealed on
9  January 1, 2024:
10  The Crematory Regulation Act.
11  The Electrologist Licensing Act.
12  The Illinois Certified Shorthand Reporters Act of
13  1984.
14  The Illinois Occupational Therapy Practice Act.
15  The Illinois Public Accounting Act.
16  The Private Detective, Private Alarm, Private
17  Security, Fingerprint Vendor, and Locksmith Act of 2004.
18  The Registered Surgical Assistant and Registered
19  Surgical Technologist Title Protection Act.
20  Section 2.5 of the Illinois Plumbing License Law.
21  The Veterinary Medicine and Surgery Practice Act of
22  2004.
23  (Source: P.A. 102-291, eff. 8-6-21.)

 

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1  (5 ILCS 80/4.39)
2  Sec. 4.39. Acts repealed on January 1, 2029 and December
3  31, 2029.
4  (a) The following Act is repealed on January 1, 2029:
5  The Environmental Health Practitioner Licensing Act.
6  The Registered Surgical Assistant and Registered
7  Surgical Technologist Title Protection Act.
8  (b) The following Act is repealed on December 31, 2029:
9  The Structural Pest Control Act.
10  (Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
11  101-81, eff. 7-12-19.)
12  Section 10. The Registered Surgical Assistant and
13  Registered Surgical Technologist Title Protection Act is
14  amended by changing Sections 10, 20, 30, 75, 85, 110, 115, 120,
15  and 150 and by adding Section 12 as follows:
16  (225 ILCS 130/10)
17  (Section scheduled to be repealed on January 1, 2024)
18  Sec. 10. Definitions. As used in this Act:
19  "Address of record" means the designated address recorded
20  by the Department in the applicant's or registrant's
21  application file or registration file as maintained by the
22  Department's licensure maintenance unit. It is the duty of the
23  applicant or registrant to inform the Department of any change

 

 

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1  of address and those changes must be made either through the
2  Department's website or by contacting the Department.
3  "Department" means the Department of Financial and
4  Professional Regulation.
5  "Direct supervision" means supervision by a licensed
6  physician, licensed podiatric physician, or licensed dentist
7  who is physically present and who personally directs delegated
8  acts and remains available to personally respond to an
9  emergency until the patient is released from the operating
10  room. A registered professional nurse may also provide direct
11  supervision within the scope of his or her license. A
12  registered surgical assistant or registered surgical
13  technologist shall perform duties as assigned.
14  "Email address of record" means the designated email
15  address recorded by the Department in the applicant's
16  application file or the licensee's license file, as maintained
17  by the Department's licensure maintenance unit.
18  "Physician" means a person licensed to practice medicine
19  in all of its branches under the Medical Practice Act of 1987.
20  "Registered surgical assistant" means a person who (i) is
21  not licensed to practice medicine in all of its branches, (ii)
22  is certified by the National Surgical Assistant Association as
23  a Certified Surgical Assistant, the National Board of Surgical
24  Technology and Surgical Assisting as a Certified Surgical
25  First Assistant, or the American Board of Surgical Assistants
26  as a Surgical Assistant-Certified, (iii) performs duties under

 

 

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1  direct supervision, (iv) provides services only in a licensed
2  hospital, ambulatory treatment center, or office of a
3  physician licensed to practice medicine in all its branches,
4  and (v) is registered under this Act.
5  "Registered surgical technologist" means a person who (i)
6  is not a physician licensed to practice medicine in all of its
7  branches, (ii) is certified by the National Board for Surgical
8  Technology and Surgical Assisting, (iii) performs duties under
9  direct supervision, (iv) provides services only in a licensed
10  hospital, ambulatory treatment center, or office of a
11  physician licensed to practice medicine in all its branches,
12  and (v) is registered under this Act.
13  "Secretary" means the Secretary of Financial and
14  Professional Regulation.
15  (Source: P.A. 98-214, eff. 8-9-13; 98-364, eff. 12-31-13;
16  98-756, eff. 7-16-14.)
17  (225 ILCS 130/12 new)
18  Sec. 12. Address of record; email address of record. All
19  applicants and registrants shall:
20  (1) provide a valid address and email address to the
21  Department, which shall serve as the address of record and
22  email address of record, respectively, at the time of
23  application for registration or renewal of a registration;
24  and
25  (2) inform the Department of any change of address of

 

 

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1  record or email address of record within 14 days after
2  such change, either through the Department's website or by
3  contacting the Department's licensure maintenance unit.
4  (225 ILCS 130/20)
5  (Section scheduled to be repealed on January 1, 2024)
6  Sec. 20. Illinois Administrative Procedure Act. The
7  Illinois Administrative Procedure Act is expressly adopted and
8  incorporated in this Act as if all of the provisions of the
9  Illinois Administrative Procedure Act were included in this
10  Act, except that the provision of subsection (d) of Section
11  10-65 of the Illinois Administrative Procedure Act that
12  provides that at hearings the registrant has the right to show
13  compliance with all lawful requirements for retention,
14  continuation, or renewal of the registration is specifically
15  excluded. For purposes of this Act, the notice required under
16  Section 10-25 of the Illinois Administrative Procedure Act is
17  deemed sufficient when mailed to the registrant's address of
18  record or email address of record.
19  (Source: P.A. 98-364, eff. 12-31-13.)
20  (225 ILCS 130/30)
21  (Section scheduled to be repealed on January 1, 2024)
22  Sec. 30. Social Security Number or individual taxpayer
23  identification number on registration application. In addition
24  to any other information required to be contained in the

 

 

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1  application, every application for an original certificate of
2  registration under this Act shall include the applicant's
3  Social Security Number or individual taxpayer identification
4  number, which shall be retained in the agency's records
5  pertaining to the registration. As soon as practical, the
6  Department shall assign a customer's identification number to
7  each applicant for a registration.
8  Every application for a renewed, reinstated, or restored
9  registration shall require the applicant's customer
10  identification number.
11  (Source: P.A. 97-400, eff. 1-1-12; 98-364, eff. 12-31-13.)
12  (225 ILCS 130/75)
13  (Section scheduled to be repealed on January 1, 2024)
14  Sec. 75. Grounds for disciplinary action.
15  (a) The Department may refuse to issue, renew, or restore
16  a registration, may revoke or suspend a registration, or may
17  place on probation, reprimand, or take other disciplinary or
18  non-disciplinary action with regard to a person registered
19  under this Act, including, but not limited to, the imposition
20  of fines not to exceed $10,000 for each violation and the
21  assessment of costs as provided for in Section 90, for any one
22  or combination of the following causes:
23  (1) Making a material misstatement in furnishing
24  information to the Department.
25  (2) Violating a provision of this Act or rules adopted

 

 

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1  under this Act.
2  (3) Conviction by plea of guilty or nolo contendere,
3  finding of guilt, jury verdict, or entry of judgment or by
4  sentencing of any crime, including, but not limited to,
5  convictions, preceding sentences of supervision,
6  conditional discharge, or first offender probation, under
7  the laws of any jurisdiction of the United States that is
8  (i) a felony or (ii) a misdemeanor, an essential element
9  of which is dishonesty, or that is directly related to the
10  practice of the profession.
11  (4) Fraud or misrepresentation in applying for,
12  renewing, restoring, reinstating, or procuring a
13  registration under this Act.
14  (5) Aiding or assisting another person in violating a
15  provision of this Act or its rules.
16  (6) Failing to provide information within 60 days in
17  response to a written request made by the Department.
18  (7) Engaging in dishonorable, unethical, or
19  unprofessional conduct of a character likely to deceive,
20  defraud, or harm the public, as defined by rule of the
21  Department.
22  (8) Discipline by another United States jurisdiction,
23  governmental agency, unit of government, or foreign
24  nation, if at least one of the grounds for discipline is
25  the same or substantially equivalent to those set forth in
26  this Section.

 

 

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1  (9) Directly or indirectly giving to or receiving from
2  a person, firm, corporation, partnership, or association a
3  fee, commission, rebate, or other form of compensation for
4  professional services not actually or personally rendered.
5  Nothing in this paragraph (9) affects any bona fide
6  independent contractor or employment arrangements among
7  health care professionals, health facilities, health care
8  providers, or other entities, except as otherwise
9  prohibited by law. Any employment arrangements may include
10  provisions for compensation, health insurance, pension, or
11  other employment benefits for the provision of services
12  within the scope of the registrant's practice under this
13  Act. Nothing in this paragraph (9) shall be construed to
14  require an employment arrangement to receive professional
15  fees for services rendered.
16  (10) A finding by the Department that the registrant,
17  after having the his or her registration placed on
18  probationary status, has violated the terms of probation.
19  (11) Willfully making or filing false records or
20  reports in the his or her practice, including, but not
21  limited to, false records or reports filed with State
22  agencies.
23  (12) Willfully making or signing a false statement,
24  certificate, or affidavit to induce payment.
25  (13) Willfully failing to report an instance of
26  suspected child abuse or neglect as required under the

 

 

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1  Abused and Neglected Child Reporting Act.
2  (14) Being named as a perpetrator in an indicated
3  report by the Department of Children and Family Services
4  under the Abused and Neglected Child Reporting Act and
5  upon proof by clear and convincing evidence that the
6  registrant has caused a child to be an abused child or
7  neglected child as defined in the Abused and Neglected
8  Child Reporting Act.
9  (15) (Blank).
10  (16) Failure to report to the Department (A) any
11  adverse final action taken against the registrant by
12  another registering or licensing jurisdiction, government
13  agency, law enforcement agency, or any court or (B)
14  liability for conduct that would constitute grounds for
15  action as set forth in this Section.
16  (17) Habitual or excessive use or abuse of drugs
17  defined in law as controlled substances, alcohol, or any
18  other substance that results in the inability to practice
19  with reasonable judgment, skill, or safety.
20  (18) Physical or mental illness, including, but not
21  limited to, deterioration through the aging process or
22  loss of motor skills, which results in the inability to
23  practice the profession for which the person he or she is
24  registered with reasonable judgment, skill, or safety.
25  (19) Gross malpractice.
26  (20) Immoral conduct in the commission of an act

 

 

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1  related to the registrant's practice, including, but not
2  limited to, sexual abuse, sexual misconduct, or sexual
3  exploitation.
4  (21) Violation of the Health Care Worker Self-Referral
5  Act.
6  (b) The Department may refuse to issue or may suspend
7  without hearing the registration of a person who fails to file
8  a return, to pay the tax, penalty, or interest shown in a filed
9  return, or to pay a final assessment of the tax, penalty, or
10  interest as required by a tax Act administered by the
11  Department of Revenue, until the requirements of the tax Act
12  are satisfied in accordance with subsection (g) of Section
13  2105-15 of the Department of Regulation Law of the Civil
14  Administrative Code of Illinois.
15  (c) The determination by a circuit court that a registrant
16  is subject to involuntary admission or judicial admission as
17  provided in the Mental Health and Developmental Disabilities
18  Code operates as an automatic suspension. The suspension will
19  end only upon (1) a finding by a court that the patient is no
20  longer subject to involuntary admission or judicial admission,
21  (2) issuance of an order so finding and discharging the
22  patient, and (3) filing of a petition for restoration
23  demonstrating fitness to practice.
24  (d) (Blank).
25  (e) In cases where the Department of Healthcare and Family
26  Services has previously determined a registrant or a potential

 

 

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1  registrant is more than 30 days delinquent in the payment of
2  child support and has subsequently certified the delinquency
3  to the Department, the Department may refuse to issue or renew
4  or may revoke or suspend that person's registration or may
5  take other disciplinary action against that person based
6  solely upon the certification of delinquency made by the
7  Department of Healthcare and Family Services in accordance
8  with paragraph (5) of subsection (a) of Section 2105-15 of the
9  Department of Professional Regulation Law of the Civil
10  Administrative Code of Illinois.
11  (f) In enforcing this Section, the Department, upon a
12  showing of a possible violation, may compel any individual
13  registered under this Act or any individual who has applied
14  for registration to submit to a mental or physical examination
15  and evaluation, or both, that may include a substance abuse or
16  sexual offender evaluation, at the expense of the Department.
17  The Department shall specifically designate the examining
18  physician licensed to practice medicine in all of its branches
19  or, if applicable, the multidisciplinary team involved in
20  providing the mental or physical examination and evaluation,
21  or both. The multidisciplinary team shall be led by a
22  physician licensed to practice medicine in all of its branches
23  and may consist of one or more or a combination of physicians
24  licensed to practice medicine in all of its branches, licensed
25  chiropractic physicians, licensed clinical psychologists,
26  licensed clinical social workers, licensed clinical

 

 

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1  professional counselors, and other professional and
2  administrative staff. Any examining physician or member of the
3  multidisciplinary team may require any person ordered to
4  submit to an examination and evaluation pursuant to this
5  Section to submit to any additional supplemental testing
6  deemed necessary to complete any examination or evaluation
7  process, including, but not limited to, blood testing,
8  urinalysis, psychological testing, or neuropsychological
9  testing.
10  The Department may order the examining physician or any
11  member of the multidisciplinary team to provide to the
12  Department any and all records, including business records,
13  that relate to the examination and evaluation, including any
14  supplemental testing performed. The Department may order the
15  examining physician or any member of the multidisciplinary
16  team to present testimony concerning this examination and
17  evaluation of the registrant or applicant, including testimony
18  concerning any supplemental testing or documents relating to
19  the examination and evaluation. No information, report,
20  record, or other documents in any way related to the
21  examination and evaluation shall be excluded by reason of any
22  common law or statutory privilege relating to communication
23  between the registrant or applicant and the examining
24  physician or any member of the multidisciplinary team. No
25  authorization is necessary from the registrant or applicant
26  ordered to undergo an evaluation and examination for the

 

 

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1  examining physician or any member of the multidisciplinary
2  team to provide information, reports, records, or other
3  documents or to provide any testimony regarding the
4  examination and evaluation. The individual to be examined may
5  have, at the individual's his or her own expense, another
6  physician of the individual's his or her choice present during
7  all aspects of the examination.
8  Failure of any individual to submit to mental or physical
9  examination and evaluation, or both, when directed, shall
10  result in an automatic suspension without a hearing until such
11  time as the individual submits to the examination. If the
12  Department finds a registrant unable to practice because of
13  the reasons set forth in this Section, the Department shall
14  require such registrant to submit to care, counseling, or
15  treatment by physicians approved or designated by the
16  Department as a condition for continued, reinstated, or
17  renewed registration.
18  When the Secretary immediately suspends a registration
19  under this Section, a hearing upon such person's registration
20  must be convened by the Department within 15 days after such
21  suspension and completed without appreciable delay. The
22  Department shall have the authority to review the registrant's
23  record of treatment and counseling regarding the impairment to
24  the extent permitted by applicable federal statutes and
25  regulations safeguarding the confidentiality of medical
26  records.

 

 

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1  Individuals registered under this Act and affected under
2  this Section shall be afforded an opportunity to demonstrate
3  to the Department that they can resume practice in compliance
4  with acceptable and prevailing standards under the provisions
5  of their registration.
6  (g) All fines imposed under this Section shall be paid
7  within 60 days after the effective date of the order imposing
8  the fine or in accordance with the terms set forth in the order
9  imposing the fine.
10  (Source: P.A. 100-872, eff. 8-14-18.)
11  (225 ILCS 130/85)
12  (Section scheduled to be repealed on January 1, 2024)
13  Sec. 85. Investigation; notice; hearing.  The Department
14  may investigate the actions of a person applying for, holding,
15  or claiming to hold a certificate of registration. The
16  Department shall, before refusing to issue or renew a
17  registration or taking other disciplinary or non-disciplinary
18  action pursuant to Section 75 of this Act, and at least 30 days
19  prior to the date set for the hearing, (i) notify in writing
20  the applicant or registrant of the charges made and the time
21  and place for a hearing of the charges, (ii) direct the
22  applicant or registrant to file a written answer to the
23  Department under oath within 20 days after the service of the
24  notice, and (iii) inform the applicant or registrant that
25  failure to file an answer will result in default being taken

 

 

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1  against the applicant or registrant.
2  Written notice and any notice in the subsequent proceeding
3  may be served by registered or certified mail to the
4  applicant's or registrant's address of record or, if in the
5  course of the administrative proceeding the party has
6  previously designated a specific email address at which to
7  accept electronic service for that specific proceeding, by
8  sending a copy by email to the party's email address on record.
9  If the person fails to file an answer after receiving notice,
10  his or her certificate of registration may, in the discretion
11  of the Department, be suspended, revoked, or placed on
12  probationary status or the Department may take whatever
13  disciplinary or non-disciplinary action deemed proper,
14  including limiting the delegated tasks or the imposition of a
15  fine, without a hearing, if the act or acts charged constitute
16  sufficient grounds for such action under this Act. At the time
17  and place fixed in the notice, the Department shall proceed to
18  hearing of the charges and the parties and their counsel shall
19  be afforded ample opportunity to present any pertinent
20  statements, testimony, evidence, and arguments. The Department
21  may continue a hearing from time to time.
22  (Source: P.A. 98-364, eff. 12-31-13.)
23  (225 ILCS 130/110)
24  (Section scheduled to be repealed on January 1, 2024)
25  Sec. 110. Motion for rehearing. In a case involving the

 

 

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1  refusal to issue or renew a registration or the discipline of a
2  registrant, a copy of the hearing officer's report shall be
3  served upon the respondent by the Department, as provided
4  under Section 20 of this Act. Within 20 days after the service,
5  the respondent may present to the Secretary Department a
6  motion in writing for a rehearing, which shall specify the
7  particular grounds for a rehearing. If no motion for rehearing
8  is filed, then upon the expiration of the time specified for
9  filing the motion, or if a motion for rehearing is denied, then
10  upon the denial, the Secretary may enter an order in
11  accordance with recommendations of the hearing officer
12  Department, except as provided in Section 115 or 120 of this
13  Act. If the respondent orders a transcript of the record from
14  the reporting service and pays for the transcript within the
15  time for filing a motion for rehearing, the 20-day period
16  within which such a motion may be filed shall commence upon the
17  delivery of the transcript to the respondent.
18  (Source: P.A. 98-364, eff. 12-31-13.)
19  (225 ILCS 130/115)
20  (Section scheduled to be repealed on January 1, 2024)
21  Sec. 115. Order of Secretary. The Secretary's order shall
22  be based on the recommendations contained in the hearing
23  officer's Department report unless the Secretary disagrees in
24  any regard with the report of the hearing officer Department,
25  in which case the Secretary he or she may issue an order in

 

 

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1  contravention of the report. The hearing officer's report and
2  Secretary's order are not admissible in evidence against the
3  person in a criminal prosecution brought for a violation of
4  this Act, but the hearing, report, and order are not a bar to a
5  criminal prosecution brought for the violation of this Act.
6  (Source: P.A. 98-364, eff. 12-31-13.)
7  (225 ILCS 130/120)
8  (Section scheduled to be repealed on January 1, 2024)
9  Sec. 120. Hearing officer. The Secretary shall have the
10  authority to appoint an attorney licensed to practice law in
11  this State to serve as the hearing officer in a hearing
12  authorized under Section 90 of this Act. The hearing officer
13  shall have full authority to conduct the hearing. The hearing
14  officer shall report the hearing officer's his or her findings
15  of fact, conclusions of law, and recommendations to the
16  Secretary Department. If the Secretary disagrees in any regard
17  with the report of the hearing officer Department, the
18  Secretary he or she may issue an order in contravention of the
19  report. The Secretary shall provide a written explanation to
20  the Department on a deviation from the Department's report and
21  shall specify with particularity the reasons for his or her
22  deviation in the final order.
23  (Source: P.A. 98-364, eff. 12-31-13.)
24  (225 ILCS 130/150)

 

 

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1  (Section scheduled to be repealed on January 1, 2024)
2  Sec. 150. Certificate of record. The Department shall not
3  be required to certify any record to a court or file an answer
4  in court or otherwise appear in a court in a judicial review
5  proceeding unless and until the Department has received from
6  the plaintiff payment of the costs of furnishing and
7  certifying the record, which costs shall be determined by the
8  Department. Exhibits shall be certified without cost. Failure
9  on the part of the plaintiff to file a receipt in court shall
10  be grounds for dismissal of the action.
11  (Source: P.A. 98-364, eff. 12-31-13.)
12  Section 99. Effective date. This Section and Section 5
13  take effect upon becoming law.
SB1716 Engrossed- 19 -LRB103 27343 AMQ 53715 b 1 INDEX 2 Statutes amended in order of appearance  SB1716 Engrossed- 19 -LRB103 27343 AMQ 53715 b   SB1716 Engrossed - 19 - LRB103 27343 AMQ 53715 b  1  INDEX 2  Statutes amended in order of appearance
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  SB1716 Engrossed - 19 - LRB103 27343 AMQ 53715 b
1  INDEX
2  Statutes amended in order of appearance

 

 

  SB1716 Engrossed - 18 - LRB103 27343 AMQ 53715 b



SB1716 Engrossed- 19 -LRB103 27343 AMQ 53715 b   SB1716 Engrossed - 19 - LRB103 27343 AMQ 53715 b
  SB1716 Engrossed - 19 - LRB103 27343 AMQ 53715 b
1  INDEX
2  Statutes amended in order of appearance

 

 

  SB1716 Engrossed - 19 - LRB103 27343 AMQ 53715 b