Public Act 103-0387
SB1716 EnrolledLRB103 27343 AMQ 53715 b SB1716 Enrolled LRB103 27343 AMQ 53715 b
SB1716 Enrolled LRB103 27343 AMQ 53715 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.34 and 4.39 as follows:
(5 ILCS 80/4.34)
Sec. 4.34. Acts and Section repealed on January 1, 2024.
The following Acts and Section of an Act are repealed on
January 1, 2024:
The Crematory Regulation Act.
The Electrologist Licensing Act.
The Illinois Certified Shorthand Reporters Act of
1984.
The Illinois Occupational Therapy Practice Act.
The Illinois Public Accounting Act.
The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004.
The Registered Surgical Assistant and Registered
Surgical Technologist Title Protection Act.
Section 2.5 of the Illinois Plumbing License Law.
The Veterinary Medicine and Surgery Practice Act of
2004.
(Source: P.A. 102-291, eff. 8-6-21.)
SB1716 Enrolled LRB103 27343 AMQ 53715 b
(5 ILCS 80/4.39)
Sec. 4.39. Acts repealed on January 1, 2029 and December
31, 2029.
(a) The following Act is repealed on January 1, 2029:
The Environmental Health Practitioner Licensing Act.
The Registered Surgical Assistant and Registered
Surgical Technologist Title Protection Act.
(b) The following Act is repealed on December 31, 2029:
The Structural Pest Control Act.
(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
101-81, eff. 7-12-19.)
Section 10. The Registered Surgical Assistant and
Registered Surgical Technologist Title Protection Act is
amended by changing Sections 10, 20, 30, 75, 85, 110, 115, 120,
and 150 and by adding Section 12 as follows:
(225 ILCS 130/10)
(Section scheduled to be repealed on January 1, 2024)
Sec. 10. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or registrant's
application file or registration file as maintained by the
Department's licensure maintenance unit. It is the duty of the
applicant or registrant to inform the Department of any change
of address and those changes must be made either through the
Department's website or by contacting the Department.
"Department" means the Department of Financial and
Professional Regulation.
"Direct supervision" means supervision by a licensed
physician, licensed podiatric physician, or licensed dentist
who is physically present and who personally directs delegated
acts and remains available to personally respond to an
emergency until the patient is released from the operating
room. A registered professional nurse may also provide direct
supervision within the scope of his or her license. A
registered surgical assistant or registered surgical
technologist shall perform duties as assigned.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
"Physician" means a person licensed to practice medicine
in all of its branches under the Medical Practice Act of 1987.
"Registered surgical assistant" means a person who (i) is
not licensed to practice medicine in all of its branches, (ii)
is certified by the National Commission for the Certification
of Surgical Assistants National Surgical Assistant Association
as a Certified Surgical Assistant, the National Board of
Surgical Technology and Surgical Assisting as a Certified
Surgical First Assistant, or the American Board of Surgical
Assistants as a Surgical Assistant-Certified, (iii) performs
duties under direct supervision, (iv) provides services only
in a licensed hospital, ambulatory treatment center, or office
of a physician licensed to practice medicine in all its
branches, and (v) is registered under this Act.
"Registered surgical technologist" means a person who (i)
is not a physician licensed to practice medicine in all of its
branches, (ii) is certified by the National Board for Surgical
Technology and Surgical Assisting, (iii) performs duties under
direct supervision, (iv) provides services only in a licensed
hospital, ambulatory treatment center, or office of a
physician licensed to practice medicine in all its branches,
and (v) is registered under this Act.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 98-214, eff. 8-9-13; 98-364, eff. 12-31-13;
98-756, eff. 7-16-14.)
(225 ILCS 130/12 new)
Sec. 12. Address of record; email address of record. All
applicants and registrants shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for registration or renewal of a registration;
and
(2) inform the Department of any change of address of
record or email address of record within 14 days after
such change, either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 130/20)
(Section scheduled to be repealed on January 1, 2024)
Sec. 20. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is expressly adopted and
incorporated in this Act as if all of the provisions of the
Illinois Administrative Procedure Act were included in this
Act, except that the provision of subsection (d) of Section
10-65 of the Illinois Administrative Procedure Act that
provides that at hearings the registrant has the right to show
compliance with all lawful requirements for retention,
continuation, or renewal of the registration is specifically
excluded. For purposes of this Act, the notice required under
Section 10-25 of the Illinois Administrative Procedure Act is
deemed sufficient when mailed to the registrant's address of
record or email address of record.
(Source: P.A. 98-364, eff. 12-31-13.)
(225 ILCS 130/30)
(Section scheduled to be repealed on January 1, 2024)
Sec. 30. Social Security Number or individual taxpayer
identification number on registration application. In addition
to any other information required to be contained in the
application, every application for an original certificate of
registration under this Act shall include the applicant's
Social Security Number or individual taxpayer identification
number, which shall be retained in the agency's records
pertaining to the registration. As soon as practical, the
Department shall assign a customer's identification number to
each applicant for a registration.
Every application for a renewed, reinstated, or restored
registration shall require the applicant's customer
identification number.
(Source: P.A. 97-400, eff. 1-1-12; 98-364, eff. 12-31-13.)
(225 ILCS 130/75)
(Section scheduled to be repealed on January 1, 2024)
Sec. 75. Grounds for disciplinary action.
(a) The Department may refuse to issue, renew, or restore
a registration, may revoke or suspend a registration, or may
place on probation, reprimand, or take other disciplinary or
non-disciplinary action with regard to a person registered
under this Act, including, but not limited to, the imposition
of fines not to exceed $10,000 for each violation and the
assessment of costs as provided for in Section 90, for any one
or combination of the following causes:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violating a provision of this Act or rules adopted
under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of the profession.
(4) Fraud or misrepresentation in applying for,
renewing, restoring, reinstating, or procuring a
registration under this Act.
(5) Aiding or assisting another person in violating a
provision of this Act or its rules.
(6) Failing to provide information within 60 days in
response to a written request made by the Department.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule of the
Department.
(8) Discipline by another United States jurisdiction,
governmental agency, unit of government, or foreign
nation, if at least one of the grounds for discipline is
the same or substantially equivalent to those set forth in
this Section.
(9) Directly or indirectly giving to or receiving from
a person, firm, corporation, partnership, or association a
fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered.
Nothing in this paragraph (9) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the registrant's practice under this
Act. Nothing in this paragraph (9) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(10) A finding by the Department that the registrant,
after having the his or her registration placed on
probationary status, has violated the terms of probation.
(11) Willfully making or filing false records or
reports in the his or her practice, including, but not
limited to, false records or reports filed with State
agencies.
(12) Willfully making or signing a false statement,
certificate, or affidavit to induce payment.
(13) Willfully failing to report an instance of
suspected child abuse or neglect as required under the
Abused and Neglected Child Reporting Act.
(14) 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
registrant has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(15) (Blank).
(16) Failure to report to the Department (A) any
adverse final action taken against the registrant by
another registering or licensing jurisdiction, government
agency, law enforcement agency, or any court or (B)
liability for conduct that would constitute grounds for
action as set forth in this Section.
(17) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice
with reasonable judgment, skill, or safety.
(18) Physical or mental illness, including, but not
limited to, deterioration through the aging process or
loss of motor skills, which results in the inability to
practice the profession for which the person he or she is
registered with reasonable judgment, skill, or safety.
(19) Gross malpractice.
(20) Immoral conduct in the commission of an act
related to the registrant's practice, including, but not
limited to, sexual abuse, sexual misconduct, or sexual
exploitation.
(21) Violation of the Health Care Worker Self-Referral
Act.
(b) The Department may refuse to issue or may suspend
without hearing the registration of a person who fails to file
a return, to pay the tax, penalty, or interest shown in a filed
return, or to pay a final assessment of the tax, penalty, or
interest as required by a tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Regulation Law of the Civil
Administrative Code of Illinois.
(c) The determination by a circuit court that a registrant
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
end only upon (1) a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
(2) issuance of an order so finding and discharging the
patient, and (3) filing of a petition for restoration
demonstrating fitness to practice.
(d) (Blank).
(e) In cases where the Department of Healthcare and Family
Services has previously determined a registrant or a potential
registrant is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency
to the Department, the Department may refuse to issue or renew
or may revoke or suspend that person's registration or may
take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with paragraph (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(f) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual
registered under this Act or any individual who has applied
for registration to submit to a mental or physical examination
and evaluation, or both, that may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation,
or both. The multidisciplinary team shall be led by a
physician licensed to practice medicine in all of its branches
and may consist of one or more or a combination of physicians
licensed to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the registrant or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the registrant or applicant and the examining
physician or any member of the multidisciplinary team. No
authorization is necessary from the registrant or applicant
ordered to undergo an evaluation and examination for the
examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation. The individual to be examined may
have, at the individual's his or her own expense, another
physician of the individual's his or her choice present during
all aspects of the examination.
Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall
result in an automatic suspension without a hearing until such
time as the individual submits to the examination. If the
Department finds a registrant unable to practice because of
the reasons set forth in this Section, the Department shall
require such registrant to submit to care, counseling, or
treatment by physicians approved or designated by the
Department as a condition for continued, reinstated, or
renewed registration.
When the Secretary immediately suspends a registration
under this Section, a hearing upon such person's registration
must be convened by the Department within 15 days after such
suspension and completed without appreciable delay. The
Department shall have the authority to review the registrant'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.
Individuals registered under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their registration.
(g) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine or in accordance with the terms set forth in the order
imposing the fine.
(Source: P.A. 100-872, eff. 8-14-18.)
(225 ILCS 130/85)
(Section scheduled to be repealed on January 1, 2024)
Sec. 85. Investigation; notice; hearing. The Department
may investigate the actions of a person applying for, holding,
or claiming to hold a certificate of registration. The
Department shall, before refusing to issue or renew a
registration or taking other disciplinary or non-disciplinary
action pursuant to Section 75 of this Act, and at least 30 days
prior to the date set for the hearing, (i) notify in writing
the applicant or registrant of the charges made and the time
and place for a hearing of the charges, (ii) direct the
applicant or registrant to file a written answer to the
Department under oath within 20 days after the service of the
notice, and (iii) inform the applicant or registrant that
failure to file an answer will result in default being taken
against the applicant or registrant.
Written notice and any notice in the subsequent proceeding
may be served by registered or certified mail to the
applicant's or registrant's address of record or, if in the
course of the administrative proceeding the party has
previously designated a specific email address at which to
accept electronic service for that specific proceeding, by
sending a copy by email to the party's email address on record.
If the person fails to file an answer after receiving notice,
his or her certificate of registration may, in the discretion
of the Department, be suspended, revoked, or placed on
probationary status or the Department may take whatever
disciplinary or non-disciplinary action deemed proper,
including limiting the delegated tasks 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 the parties and their counsel shall
be afforded ample opportunity to present any pertinent
statements, testimony, evidence, and arguments. The Department
may continue a hearing from time to time.
(Source: P.A. 98-364, eff. 12-31-13.)
(225 ILCS 130/110)
(Section scheduled to be repealed on January 1, 2024)
Sec. 110. Motion for rehearing. In a case involving the
refusal to issue or renew a registration or the discipline of a
registrant, a copy of the hearing officer's report shall be
served upon the respondent by the Department, as provided
under Section 20 of this Act. Within 20 days after the service,
the respondent may present to the Secretary Department a
motion in writing for a rehearing, which shall specify the
particular grounds for a rehearing. If no motion for rehearing
is filed, then upon the expiration of the time specified for
filing the motion, or if a motion for rehearing is denied, then
upon the denial, the Secretary may enter an order in
accordance with recommendations of the hearing officer
Department, except as provided in Section 115 or 120 of this
Act. If the respondent orders a transcript of the record from
the reporting service and pays for the transcript 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. 98-364, eff. 12-31-13.)
(225 ILCS 130/115)
(Section scheduled to be repealed on January 1, 2024)
Sec. 115. Order of Secretary. The Secretary's order shall
be based on the recommendations contained in the hearing
officer's Department report unless the Secretary disagrees in
any regard with the report of the hearing officer Department,
in which case the Secretary he or she may issue an order in
contravention of the report. The hearing officer's report and
Secretary's order are not admissible in evidence against the
person in a criminal prosecution brought for a violation of
this Act, but the hearing, report, and order are not a bar to a
criminal prosecution brought for the violation of this Act.
(Source: P.A. 98-364, eff. 12-31-13.)
(225 ILCS 130/120)
(Section scheduled to be repealed on January 1, 2024)
Sec. 120. Hearing officer. The Secretary shall have the
authority to appoint an attorney licensed to practice law in
this State to serve as the hearing officer in a hearing
authorized under Section 90 of this Act. The hearing officer
shall have full authority to conduct the hearing. The hearing
officer shall report the hearing officer's his or her findings
of fact, conclusions of law, and recommendations to the
Secretary Department. If the Secretary disagrees in any regard
with the report of the hearing officer Department, the
Secretary he or she may issue an order in contravention of the
report. The Secretary shall provide a written explanation to
the Department on a deviation from the Department's report and
shall specify with particularity the reasons for his or her
deviation in the final order.
(Source: P.A. 98-364, eff. 12-31-13.)
(225 ILCS 130/150)
(Section scheduled to be repealed on January 1, 2024)
Sec. 150. Certificate of record. The Department shall not
be required to certify any record to a court or file an answer
in court or otherwise appear in a court in a judicial review
proceeding unless and until the Department has received from
the plaintiff payment of the costs of furnishing and
certifying the record, which costs shall be determined by the
Department. Exhibits shall be certified without cost. Failure
on the part of the plaintiff to file a receipt in court shall
be grounds for dismissal of the action.
(Source: P.A. 98-364, eff. 12-31-13.)
Section 99. Effective date. This Section and Section 5
take effect upon becoming law.
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