Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1716 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0387
2	1		SB1716 EnrolledLRB103 27343 AMQ 53715 b SB1716 Enrolled LRB103 27343 AMQ 53715 b
3	2		SB1716 Enrolled LRB103 27343 AMQ 53715 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Regulatory Sunset Act is amended by
8		-	changing Sections 4.34 and 4.39 as follows:
9		-	(5 ILCS 80/4.34)
10		-	Sec. 4.34. Acts and Section repealed on January 1, 2024.
11		-	The following Acts and Section of an Act are repealed on
12		-	January 1, 2024:
13		-	The Crematory Regulation Act.
14		-	The Electrologist Licensing Act.
15		-	The Illinois Certified Shorthand Reporters Act of
16		-	1984.
17		-	The Illinois Occupational Therapy Practice Act.
18		-	The Illinois Public Accounting Act.
19		-	The Private Detective, Private Alarm, Private
20		-	Security, Fingerprint Vendor, and Locksmith Act of 2004.
21		-	The Registered Surgical Assistant and Registered
22		-	Surgical Technologist Title Protection Act.
23		-	Section 2.5 of the Illinois Plumbing License Law.
24		-	The Veterinary Medicine and Surgery Practice Act of
25		-	2004.
26		-	(Source: P.A. 102-291, eff. 8-6-21.)
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Regulatory Sunset Act is amended by
	7	+	5 changing Sections 4.34 and 4.39 as follows:
	8	+	6 (5 ILCS 80/4.34)
	9	+	7 Sec. 4.34. Acts and Section repealed on January 1, 2024.
	10	+	8 The following Acts and Section of an Act are repealed on
	11	+	9 January 1, 2024:
	12	+	10 The Crematory Regulation Act.
	13	+	11 The Electrologist Licensing Act.
	14	+	12 The Illinois Certified Shorthand Reporters Act of
	15	+	13 1984.
	16	+	14 The Illinois Occupational Therapy Practice Act.
	17	+	15 The Illinois Public Accounting Act.
	18	+	16 The Private Detective, Private Alarm, Private
	19	+	17 Security, Fingerprint Vendor, and Locksmith Act of 2004.
	20	+	18 The Registered Surgical Assistant and Registered
	21	+	19 Surgical Technologist Title Protection Act.
	22	+	20 Section 2.5 of the Illinois Plumbing License Law.
	23	+	21 The Veterinary Medicine and Surgery Practice Act of
	24	+	22 2004.
	25	+	23 (Source: P.A. 102-291, eff. 8-6-21.)
27	26
28	27
29	28
30	29		SB1716 Enrolled LRB103 27343 AMQ 53715 b
31	30
32	31
33		-	(5 ILCS 80/4.39)
34		-	Sec. 4.39. Acts repealed on January 1, 2029 and December
35		-	31, 2029.
36		-	(a) The following Act is repealed on January 1, 2029:
37		-	The Environmental Health Practitioner Licensing Act.
38		-	The Registered Surgical Assistant and Registered
39		-	Surgical Technologist Title Protection Act.
40		-	(b) The following Act is repealed on December 31, 2029:
41		-	The Structural Pest Control Act.
42		-	(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
43		-	101-81, eff. 7-12-19.)
44		-	Section 10. The Registered Surgical Assistant and
45		-	Registered Surgical Technologist Title Protection Act is
46		-	amended by changing Sections 10, 20, 30, 75, 85, 110, 115, 120,
47		-	and 150 and by adding Section 12 as follows:
48		-	(225 ILCS 130/10)
49		-	(Section scheduled to be repealed on January 1, 2024)
50		-	Sec. 10. Definitions. As used in this Act:
51		-	"Address of record" means the designated address recorded
52		-	by the Department in the applicant's or registrant's
53		-	application file or registration file as maintained by the
54		-	Department's licensure maintenance unit. It is the duty of the
55		-	applicant or registrant to inform the Department of any change
56		-
57		-
58		-	of address and those changes must be made either through the
59		-	Department's website or by contacting the Department.
60		-	"Department" means the Department of Financial and
61		-	Professional Regulation.
62		-	"Direct supervision" means supervision by a licensed
63		-	physician, licensed podiatric physician, or licensed dentist
64		-	who is physically present and who personally directs delegated
65		-	acts and remains available to personally respond to an
66		-	emergency until the patient is released from the operating
67		-	room. A registered professional nurse may also provide direct
68		-	supervision within the scope of his or her license. A
69		-	registered surgical assistant or registered surgical
70		-	technologist shall perform duties as assigned.
71		-	"Email address of record" means the designated email
72		-	address recorded by the Department in the applicant's
73		-	application file or the licensee's license file, as maintained
74		-	by the Department's licensure maintenance unit.
75		-	"Physician" means a person licensed to practice medicine
76		-	in all of its branches under the Medical Practice Act of 1987.
77		-	"Registered surgical assistant" means a person who (i) is
78		-	not licensed to practice medicine in all of its branches, (ii)
79		-	is certified by the National Commission for the Certification
80		-	of Surgical Assistants National Surgical Assistant Association
81		-	as a Certified Surgical Assistant, the National Board of
82		-	Surgical Technology and Surgical Assisting as a Certified
83		-	Surgical First Assistant, or the American Board of Surgical
84		-
85		-
86		-	Assistants as a Surgical Assistant-Certified, (iii) performs
87		-	duties under direct supervision, (iv) provides services only
88		-	in a licensed hospital, ambulatory treatment center, or office
89		-	of a physician licensed to practice medicine in all its
90		-	branches, and (v) is registered under this Act.
91		-	"Registered surgical technologist" means a person who (i)
92		-	is not a physician licensed to practice medicine in all of its
93		-	branches, (ii) is certified by the National Board for Surgical
94		-	Technology and Surgical Assisting, (iii) performs duties under
95		-	direct supervision, (iv) provides services only in a licensed
96		-	hospital, ambulatory treatment center, or office of a
97		-	physician licensed to practice medicine in all its branches,
98		-	and (v) is registered under this Act.
99		-	"Secretary" means the Secretary of Financial and
100		-	Professional Regulation.
101		-	(Source: P.A. 98-214, eff. 8-9-13; 98-364, eff. 12-31-13;
102		-	98-756, eff. 7-16-14.)
103		-	(225 ILCS 130/12 new)
104		-	Sec. 12. Address of record; email address of record. All
105		-	applicants and registrants shall:
106		-	(1) provide a valid address and email address to the
107		-	Department, which shall serve as the address of record and
108		-	email address of record, respectively, at the time of
109		-	application for registration or renewal of a registration;
110		-	and
111		-
112		-
113		-	(2) inform the Department of any change of address of
114		-	record or email address of record within 14 days after
115		-	such change, either through the Department's website or by
116		-	contacting the Department's licensure maintenance unit.
117		-	(225 ILCS 130/20)
118		-	(Section scheduled to be repealed on January 1, 2024)
119		-	Sec. 20. Illinois Administrative Procedure Act. The
120		-	Illinois Administrative Procedure Act is expressly adopted and
121		-	incorporated in this Act as if all of the provisions of the
122		-	Illinois Administrative Procedure Act were included in this
123		-	Act, except that the provision of subsection (d) of Section
124		-	10-65 of the Illinois Administrative Procedure Act that
125		-	provides that at hearings the registrant has the right to show
126		-	compliance with all lawful requirements for retention,
127		-	continuation, or renewal of the registration is specifically
128		-	excluded. For purposes of this Act, the notice required under
129		-	Section 10-25 of the Illinois Administrative Procedure Act is
130		-	deemed sufficient when mailed to the registrant's address of
131		-	record or email address of record.
132		-	(Source: P.A. 98-364, eff. 12-31-13.)
133		-	(225 ILCS 130/30)
134		-	(Section scheduled to be repealed on January 1, 2024)
135		-	Sec. 30. Social Security Number or individual taxpayer
136		-	identification number on registration application. In addition
137		-
138		-
139		-	to any other information required to be contained in the
140		-	application, every application for an original certificate of
141		-	registration under this Act shall include the applicant's
142		-	Social Security Number or individual taxpayer identification
143		-	number, which shall be retained in the agency's records
144		-	pertaining to the registration. As soon as practical, the
145		-	Department shall assign a customer's identification number to
146		-	each applicant for a registration.
147		-	Every application for a renewed, reinstated, or restored
148		-	registration shall require the applicant's customer
149		-	identification number.
150		-	(Source: P.A. 97-400, eff. 1-1-12; 98-364, eff. 12-31-13.)
151		-	(225 ILCS 130/75)
152		-	(Section scheduled to be repealed on January 1, 2024)
153		-	Sec. 75. Grounds for disciplinary action.
154		-	(a) The Department may refuse to issue, renew, or restore
155		-	a registration, may revoke or suspend a registration, or may
156		-	place on probation, reprimand, or take other disciplinary or
157		-	non-disciplinary action with regard to a person registered
158		-	under this Act, including, but not limited to, the imposition
159		-	of fines not to exceed $10,000 for each violation and the
160		-	assessment of costs as provided for in Section 90, for any one
161		-	or combination of the following causes:
162		-	(1) Making a material misstatement in furnishing
163		-	information to the Department.
164		-
165		-
166		-	(2) Violating a provision of this Act or rules adopted
167		-	under this Act.
168		-	(3) Conviction by plea of guilty or nolo contendere,
169		-	finding of guilt, jury verdict, or entry of judgment or by
170		-	sentencing of any crime, including, but not limited to,
171		-	convictions, preceding sentences of supervision,
172		-	conditional discharge, or first offender probation, under
173		-	the laws of any jurisdiction of the United States that is
174		-	(i) a felony or (ii) a misdemeanor, an essential element
175		-	of which is dishonesty, or that is directly related to the
176		-	practice of the profession.
177		-	(4) Fraud or misrepresentation in applying for,
178		-	renewing, restoring, reinstating, or procuring a
179		-	registration under this Act.
180		-	(5) Aiding or assisting another person in violating a
181		-	provision of this Act or its rules.
182		-	(6) Failing to provide information within 60 days in
183		-	response to a written request made by the Department.
184		-	(7) Engaging in dishonorable, unethical, or
185		-	unprofessional conduct of a character likely to deceive,
186		-	defraud, or harm the public, as defined by rule of the
187		-	Department.
188		-	(8) Discipline by another United States jurisdiction,
189		-	governmental agency, unit of government, or foreign
190		-	nation, if at least one of the grounds for discipline is
191		-	the same or substantially equivalent to those set forth in
192		-
193		-
194		-	this Section.
195		-	(9) Directly or indirectly giving to or receiving from
196		-	a person, firm, corporation, partnership, or association a
197		-	fee, commission, rebate, or other form of compensation for
198		-	professional services not actually or personally rendered.
199		-	Nothing in this paragraph (9) affects any bona fide
200		-	independent contractor or employment arrangements among
201		-	health care professionals, health facilities, health care
202		-	providers, or other entities, except as otherwise
203		-	prohibited by law. Any employment arrangements may include
204		-	provisions for compensation, health insurance, pension, or
205		-	other employment benefits for the provision of services
206		-	within the scope of the registrant's practice under this
207		-	Act. Nothing in this paragraph (9) shall be construed to
208		-	require an employment arrangement to receive professional
209		-	fees for services rendered.
210		-	(10) A finding by the Department that the registrant,
211		-	after having the his or her registration placed on
212		-	probationary status, has violated the terms of probation.
213		-	(11) Willfully making or filing false records or
214		-	reports in the his or her practice, including, but not
215		-	limited to, false records or reports filed with State
216		-	agencies.
217		-	(12) Willfully making or signing a false statement,
218		-	certificate, or affidavit to induce payment.
219		-	(13) Willfully failing to report an instance of
220		-
221		-
222		-	suspected child abuse or neglect as required under the
223		-	Abused and Neglected Child Reporting Act.
224		-	(14) Being named as a perpetrator in an indicated
225		-	report by the Department of Children and Family Services
226		-	under the Abused and Neglected Child Reporting Act and
227		-	upon proof by clear and convincing evidence that the
228		-	registrant has caused a child to be an abused child or
229		-	neglected child as defined in the Abused and Neglected
230		-	Child Reporting Act.
231		-	(15) (Blank).
232		-	(16) Failure to report to the Department (A) any
233		-	adverse final action taken against the registrant by
234		-	another registering or licensing jurisdiction, government
235		-	agency, law enforcement agency, or any court or (B)
236		-	liability for conduct that would constitute grounds for
237		-	action as set forth in this Section.
238		-	(17) Habitual or excessive use or abuse of drugs
239		-	defined in law as controlled substances, alcohol, or any
240		-	other substance that results in the inability to practice
241		-	with reasonable judgment, skill, or safety.
242		-	(18) Physical or mental illness, including, but not
243		-	limited to, deterioration through the aging process or
244		-	loss of motor skills, which results in the inability to
245		-	practice the profession for which the person he or she is
246		-	registered with reasonable judgment, skill, or safety.
247		-	(19) Gross malpractice.
248		-
249		-
250		-	(20) Immoral conduct in the commission of an act
251		-	related to the registrant's practice, including, but not
252		-	limited to, sexual abuse, sexual misconduct, or sexual
253		-	exploitation.
254		-	(21) Violation of the Health Care Worker Self-Referral
255		-	Act.
256		-	(b) The Department may refuse to issue or may suspend
257		-	without hearing the registration of a person who fails to file
258		-	a return, to pay the tax, penalty, or interest shown in a filed
259		-	return, or to pay a final assessment of the tax, penalty, or
260		-	interest as required by a tax Act administered by the
261		-	Department of Revenue, until the requirements of the tax Act
262		-	are satisfied in accordance with subsection (g) of Section
263		-	2105-15 of the Department of Regulation Law of the Civil
264		-	Administrative Code of Illinois.
265		-	(c) The determination by a circuit court that a registrant
266		-	is subject to involuntary admission or judicial admission as
267		-	provided in the Mental Health and Developmental Disabilities
268		-	Code operates as an automatic suspension. The suspension will
269		-	end only upon (1) a finding by a court that the patient is no
270		-	longer subject to involuntary admission or judicial admission,
271		-	(2) issuance of an order so finding and discharging the
272		-	patient, and (3) filing of a petition for restoration
273		-	demonstrating fitness to practice.
274		-	(d) (Blank).
275		-	(e) In cases where the Department of Healthcare and Family
276		-
277		-
278		-	Services has previously determined a registrant or a potential
279		-	registrant is more than 30 days delinquent in the payment of
280		-	child support and has subsequently certified the delinquency
281		-	to the Department, the Department may refuse to issue or renew
282		-	or may revoke or suspend that person's registration or may
283		-	take other disciplinary action against that person based
284		-	solely upon the certification of delinquency made by the
285		-	Department of Healthcare and Family Services in accordance
286		-	with paragraph (5) of subsection (a) of Section 2105-15 of the
287		-	Department of Professional Regulation Law of the Civil
288		-	Administrative Code of Illinois.
289		-	(f) In enforcing this Section, the Department, upon a
290		-	showing of a possible violation, may compel any individual
291		-	registered under this Act or any individual who has applied
292		-	for registration to submit to a mental or physical examination
293		-	and evaluation, or both, that may include a substance abuse or
294		-	sexual offender evaluation, at the expense of the Department.
295		-	The Department shall specifically designate the examining
296		-	physician licensed to practice medicine in all of its branches
297		-	or, if applicable, the multidisciplinary team involved in
298		-	providing the mental or physical examination and evaluation,
299		-	or both. The multidisciplinary team shall be led by a
300		-	physician licensed to practice medicine in all of its branches
301		-	and may consist of one or more or a combination of physicians
302		-	licensed to practice medicine in all of its branches, licensed
303		-	chiropractic physicians, licensed clinical psychologists,
304		-
305		-
306		-	licensed clinical social workers, licensed clinical
307		-	professional counselors, and other professional and
308		-	administrative staff. Any examining physician or member of the
309		-	multidisciplinary team may require any person ordered to
310		-	submit to an examination and evaluation pursuant to this
311		-	Section to submit to any additional supplemental testing
312		-	deemed necessary to complete any examination or evaluation
313		-	process, including, but not limited to, blood testing,
314		-	urinalysis, psychological testing, or neuropsychological
315		-	testing.
316		-	The Department may order the examining physician or any
317		-	member of the multidisciplinary team to provide to the
318		-	Department any and all records, including business records,
319		-	that relate to the examination and evaluation, including any
320		-	supplemental testing performed. The Department may order the
321		-	examining physician or any member of the multidisciplinary
322		-	team to present testimony concerning this examination and
323		-	evaluation of the registrant or applicant, including testimony
324		-	concerning any supplemental testing or documents relating to
325		-	the examination and evaluation. No information, report,
326		-	record, or other documents in any way related to the
327		-	examination and evaluation shall be excluded by reason of any
328		-	common law or statutory privilege relating to communication
329		-	between the registrant or applicant and the examining
330		-	physician or any member of the multidisciplinary team. No
331		-	authorization is necessary from the registrant or applicant
332		-
333		-
334		-	ordered to undergo an evaluation and examination for the
335		-	examining physician or any member of the multidisciplinary
336		-	team to provide information, reports, records, or other
337		-	documents or to provide any testimony regarding the
338		-	examination and evaluation. The individual to be examined may
339		-	have, at the individual's his or her own expense, another
340		-	physician of the individual's his or her choice present during
341		-	all aspects of the examination.
342		-	Failure of any individual to submit to mental or physical
343		-	examination and evaluation, or both, when directed, shall
344		-	result in an automatic suspension without a hearing until such
345		-	time as the individual submits to the examination. If the
346		-	Department finds a registrant unable to practice because of
347		-	the reasons set forth in this Section, the Department shall
348		-	require such registrant to submit to care, counseling, or
349		-	treatment by physicians approved or designated by the
350		-	Department as a condition for continued, reinstated, or
351		-	renewed registration.
352		-	When the Secretary immediately suspends a registration
353		-	under this Section, a hearing upon such person's registration
354		-	must be convened by the Department within 15 days after such
355		-	suspension and completed without appreciable delay. The
356		-	Department shall have the authority to review the registrant's
357		-	record of treatment and counseling regarding the impairment to
358		-	the extent permitted by applicable federal statutes and
359		-	regulations safeguarding the confidentiality of medical
360		-
361		-
362		-	records.
363		-	Individuals registered under this Act and affected under
364		-	this Section shall be afforded an opportunity to demonstrate
365		-	to the Department that they can resume practice in compliance
366		-	with acceptable and prevailing standards under the provisions
367		-	of their registration.
368		-	(g) All fines imposed under this Section shall be paid
369		-	within 60 days after the effective date of the order imposing
370		-	the fine or in accordance with the terms set forth in the order
371		-	imposing the fine.
372		-	(Source: P.A. 100-872, eff. 8-14-18.)
373		-	(225 ILCS 130/85)
374		-	(Section scheduled to be repealed on January 1, 2024)
375		-	Sec. 85. Investigation; notice; hearing. The Department
376		-	may investigate the actions of a person applying for, holding,
377		-	or claiming to hold a certificate of registration. The
378		-	Department shall, before refusing to issue or renew a
379		-	registration or taking other disciplinary or non-disciplinary
380		-	action pursuant to Section 75 of this Act, and at least 30 days
381		-	prior to the date set for the hearing, (i) notify in writing
382		-	the applicant or registrant of the charges made and the time
383		-	and place for a hearing of the charges, (ii) direct the
384		-	applicant or registrant to file a written answer to the
385		-	Department under oath within 20 days after the service of the
386		-	notice, and (iii) inform the applicant or registrant that
387		-
388		-
389		-	failure to file an answer will result in default being taken
390		-	against the applicant or registrant.
391		-	Written notice and any notice in the subsequent proceeding
392		-	may be served by registered or certified mail to the
393		-	applicant's or registrant's address of record or, if in the
394		-	course of the administrative proceeding the party has
395		-	previously designated a specific email address at which to
396		-	accept electronic service for that specific proceeding, by
397		-	sending a copy by email to the party's email address on record.
398		-	If the person fails to file an answer after receiving notice,
399		-	his or her certificate of registration may, in the discretion
400		-	of the Department, be suspended, revoked, or placed on
401		-	probationary status or the Department may take whatever
402		-	disciplinary or non-disciplinary action deemed proper,
403		-	including limiting the delegated tasks or the imposition of a
404		-	fine, without a hearing, if the act or acts charged constitute
405		-	sufficient grounds for such action under this Act. At the time
406		-	and place fixed in the notice, the Department shall proceed to
407		-	hearing of the charges and the parties and their counsel shall
408		-	be afforded ample opportunity to present any pertinent
409		-	statements, testimony, evidence, and arguments. The Department
410		-	may continue a hearing from time to time.
411		-	(Source: P.A. 98-364, eff. 12-31-13.)
412		-	(225 ILCS 130/110)
413		-	(Section scheduled to be repealed on January 1, 2024)
414		-
415		-
416		-	Sec. 110. Motion for rehearing. In a case involving the
417		-	refusal to issue or renew a registration or the discipline of a
418		-	registrant, a copy of the hearing officer's report shall be
419		-	served upon the respondent by the Department, as provided
420		-	under Section 20 of this Act. Within 20 days after the service,
421		-	the respondent may present to the Secretary Department a
422		-	motion in writing for a rehearing, which shall specify the
423		-	particular grounds for a rehearing. If no motion for rehearing
424		-	is filed, then upon the expiration of the time specified for
425		-	filing the motion, or if a motion for rehearing is denied, then
426		-	upon the denial, the Secretary may enter an order in
427		-	accordance with recommendations of the hearing officer
428		-	Department, except as provided in Section 115 or 120 of this
429		-	Act. If the respondent orders a transcript of the record from
430		-	the reporting service and pays for the transcript within the
431		-	time for filing a motion for rehearing, the 20-day period
432		-	within which such a motion may be filed shall commence upon the
433		-	delivery of the transcript to the respondent.
434		-	(Source: P.A. 98-364, eff. 12-31-13.)
435		-	(225 ILCS 130/115)
436		-	(Section scheduled to be repealed on January 1, 2024)
437		-	Sec. 115. Order of Secretary. The Secretary's order shall
438		-	be based on the recommendations contained in the hearing
439		-	officer's Department report unless the Secretary disagrees in
440		-	any regard with the report of the hearing officer Department,
441		-
442		-
443		-	in which case the Secretary he or she may issue an order in
444		-	contravention of the report. The hearing officer's report and
445		-	Secretary's order are not admissible in evidence against the
446		-	person in a criminal prosecution brought for a violation of
447		-	this Act, but the hearing, report, and order are not a bar to a
448		-	criminal prosecution brought for the violation of this Act.
449		-	(Source: P.A. 98-364, eff. 12-31-13.)
450		-	(225 ILCS 130/120)
451		-	(Section scheduled to be repealed on January 1, 2024)
452		-	Sec. 120. Hearing officer. The Secretary shall have the
453		-	authority to appoint an attorney licensed to practice law in
454		-	this State to serve as the hearing officer in a hearing
455		-	authorized under Section 90 of this Act. The hearing officer
456		-	shall have full authority to conduct the hearing. The hearing
457		-	officer shall report the hearing officer's his or her findings
458		-	of fact, conclusions of law, and recommendations to the
459		-	Secretary Department. If the Secretary disagrees in any regard
460		-	with the report of the hearing officer Department, the
461		-	Secretary he or she may issue an order in contravention of the
462		-	report. The Secretary shall provide a written explanation to
463		-	the Department on a deviation from the Department's report and
464		-	shall specify with particularity the reasons for his or her
465		-	deviation in the final order.
466		-	(Source: P.A. 98-364, eff. 12-31-13.)
467		-
468		-
469		-	(225 ILCS 130/150)
470		-	(Section scheduled to be repealed on January 1, 2024)
471		-	Sec. 150. Certificate of record. The Department shall not
472		-	be required to certify any record to a court or file an answer
473		-	in court or otherwise appear in a court in a judicial review
474		-	proceeding unless and until the Department has received from
475		-	the plaintiff payment of the costs of furnishing and
476		-	certifying the record, which costs shall be determined by the
477		-	Department. Exhibits shall be certified without cost. Failure
478		-	on the part of the plaintiff to file a receipt in court shall
479		-	be grounds for dismissal of the action.
480		-	(Source: P.A. 98-364, eff. 12-31-13.)
481		-	Section 99. Effective date. This Section and Section 5
482		-	take effect upon becoming law.
483		-	INDEX Statutes amended in order of appearance INDEX Statutes amended in order of appearance
484		-	INDEX
485		-	Statutes amended in order of appearance
	32	+	SB1716 Enrolled- 2 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 2 - LRB103 27343 AMQ 53715 b
	33	+	SB1716 Enrolled - 2 - LRB103 27343 AMQ 53715 b
	34	+	1 (5 ILCS 80/4.39)
	35	+	2 Sec. 4.39. Acts repealed on January 1, 2029 and December
	36	+	3 31, 2029.
	37	+	4 (a) The following Act is repealed on January 1, 2029:
	38	+	5 The Environmental Health Practitioner Licensing Act.
	39	+	6 The Registered Surgical Assistant and Registered
	40	+	7 Surgical Technologist Title Protection Act.
	41	+	8 (b) The following Act is repealed on December 31, 2029:
	42	+	9 The Structural Pest Control Act.
	43	+	10 (Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
	44	+	11 101-81, eff. 7-12-19.)
	45	+	12 Section 10. The Registered Surgical Assistant and
	46	+	13 Registered Surgical Technologist Title Protection Act is
	47	+	14 amended by changing Sections 10, 20, 30, 75, 85, 110, 115, 120,
	48	+	15 and 150 and by adding Section 12 as follows:
	49	+	16 (225 ILCS 130/10)
	50	+	17 (Section scheduled to be repealed on January 1, 2024)
	51	+	18 Sec. 10. Definitions. As used in this Act:
	52	+	19 "Address of record" means the designated address recorded
	53	+	20 by the Department in the applicant's or registrant's
	54	+	21 application file or registration file as maintained by the
	55	+	22 Department's licensure maintenance unit. It is the duty of the
	56	+	23 applicant or registrant to inform the Department of any change
486	57
487	58
488	59
489		-	INDEX
490		-	Statutes amended in order of appearance
	60	+
	61	+
	62	+	SB1716 Enrolled - 2 - LRB103 27343 AMQ 53715 b
	63	+
	64	+
	65	+	SB1716 Enrolled- 3 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 3 - LRB103 27343 AMQ 53715 b
	66	+	SB1716 Enrolled - 3 - LRB103 27343 AMQ 53715 b
	67	+	1 of address and those changes must be made either through the
	68	+	2 Department's website or by contacting the Department.
	69	+	3 "Department" means the Department of Financial and
	70	+	4 Professional Regulation.
	71	+	5 "Direct supervision" means supervision by a licensed
	72	+	6 physician, licensed podiatric physician, or licensed dentist
	73	+	7 who is physically present and who personally directs delegated
	74	+	8 acts and remains available to personally respond to an
	75	+	9 emergency until the patient is released from the operating
	76	+	10 room. A registered professional nurse may also provide direct
	77	+	11 supervision within the scope of his or her license. A
	78	+	12 registered surgical assistant or registered surgical
	79	+	13 technologist shall perform duties as assigned.
	80	+	14 "Email address of record" means the designated email
	81	+	15 address recorded by the Department in the applicant's
	82	+	16 application file or the licensee's license file, as maintained
	83	+	17 by the Department's licensure maintenance unit.
	84	+	18 "Physician" means a person licensed to practice medicine
	85	+	19 in all of its branches under the Medical Practice Act of 1987.
	86	+	20 "Registered surgical assistant" means a person who (i) is
	87	+	21 not licensed to practice medicine in all of its branches, (ii)
	88	+	22 is certified by the National Commission for the Certification
	89	+	23 of Surgical Assistants National Surgical Assistant Association
	90	+	24 as a Certified Surgical Assistant, the National Board of
	91	+	25 Surgical Technology and Surgical Assisting as a Certified
	92	+	26 Surgical First Assistant, or the American Board of Surgical
	93	+
	94	+
	95	+
	96	+
	97	+
	98	+	SB1716 Enrolled - 3 - LRB103 27343 AMQ 53715 b
	99	+
	100	+
	101	+	SB1716 Enrolled- 4 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 4 - LRB103 27343 AMQ 53715 b
	102	+	SB1716 Enrolled - 4 - LRB103 27343 AMQ 53715 b
	103	+	1 Assistants as a Surgical Assistant-Certified, (iii) performs
	104	+	2 duties under direct supervision, (iv) provides services only
	105	+	3 in a licensed hospital, ambulatory treatment center, or office
	106	+	4 of a physician licensed to practice medicine in all its
	107	+	5 branches, and (v) is registered under this Act.
	108	+	6 "Registered surgical technologist" means a person who (i)
	109	+	7 is not a physician licensed to practice medicine in all of its
	110	+	8 branches, (ii) is certified by the National Board for Surgical
	111	+	9 Technology and Surgical Assisting, (iii) performs duties under
	112	+	10 direct supervision, (iv) provides services only in a licensed
	113	+	11 hospital, ambulatory treatment center, or office of a
	114	+	12 physician licensed to practice medicine in all its branches,
	115	+	13 and (v) is registered under this Act.
	116	+	14 "Secretary" means the Secretary of Financial and
	117	+	15 Professional Regulation.
	118	+	16 (Source: P.A. 98-214, eff. 8-9-13; 98-364, eff. 12-31-13;
	119	+	17 98-756, eff. 7-16-14.)
	120	+	18 (225 ILCS 130/12 new)
	121	+	19 Sec. 12. Address of record; email address of record. All
	122	+	20 applicants and registrants shall:
	123	+	21 (1) provide a valid address and email address to the
	124	+	22 Department, which shall serve as the address of record and
	125	+	23 email address of record, respectively, at the time of
	126	+	24 application for registration or renewal of a registration;
	127	+	25 and
	128	+
	129	+
	130	+
	131	+
	132	+
	133	+	SB1716 Enrolled - 4 - LRB103 27343 AMQ 53715 b
	134	+
	135	+
	136	+	SB1716 Enrolled- 5 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 5 - LRB103 27343 AMQ 53715 b
	137	+	SB1716 Enrolled - 5 - LRB103 27343 AMQ 53715 b
	138	+	1 (2) inform the Department of any change of address of
	139	+	2 record or email address of record within 14 days after
	140	+	3 such change, either through the Department's website or by
	141	+	4 contacting the Department's licensure maintenance unit.
	142	+	5 (225 ILCS 130/20)
	143	+	6 (Section scheduled to be repealed on January 1, 2024)
	144	+	7 Sec. 20. Illinois Administrative Procedure Act. The
	145	+	8 Illinois Administrative Procedure Act is expressly adopted and
	146	+	9 incorporated in this Act as if all of the provisions of the
	147	+	10 Illinois Administrative Procedure Act were included in this
	148	+	11 Act, except that the provision of subsection (d) of Section
	149	+	12 10-65 of the Illinois Administrative Procedure Act that
	150	+	13 provides that at hearings the registrant has the right to show
	151	+	14 compliance with all lawful requirements for retention,
	152	+	15 continuation, or renewal of the registration is specifically
	153	+	16 excluded. For purposes of this Act, the notice required under
	154	+	17 Section 10-25 of the Illinois Administrative Procedure Act is
	155	+	18 deemed sufficient when mailed to the registrant's address of
	156	+	19 record or email address of record.
	157	+	20 (Source: P.A. 98-364, eff. 12-31-13.)
	158	+	21 (225 ILCS 130/30)
	159	+	22 (Section scheduled to be repealed on January 1, 2024)
	160	+	23 Sec. 30. Social Security Number or individual taxpayer
	161	+	24 identification number on registration application. In addition
	162	+
	163	+
	164	+
	165	+
	166	+
	167	+	SB1716 Enrolled - 5 - LRB103 27343 AMQ 53715 b
	168	+
	169	+
	170	+	SB1716 Enrolled- 6 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 6 - LRB103 27343 AMQ 53715 b
	171	+	SB1716 Enrolled - 6 - LRB103 27343 AMQ 53715 b
	172	+	1 to any other information required to be contained in the
	173	+	2 application, every application for an original certificate of
	174	+	3 registration under this Act shall include the applicant's
	175	+	4 Social Security Number or individual taxpayer identification
	176	+	5 number, which shall be retained in the agency's records
	177	+	6 pertaining to the registration. As soon as practical, the
	178	+	7 Department shall assign a customer's identification number to
	179	+	8 each applicant for a registration.
	180	+	9 Every application for a renewed, reinstated, or restored
	181	+	10 registration shall require the applicant's customer
	182	+	11 identification number.
	183	+	12 (Source: P.A. 97-400, eff. 1-1-12; 98-364, eff. 12-31-13.)
	184	+	13 (225 ILCS 130/75)
	185	+	14 (Section scheduled to be repealed on January 1, 2024)
	186	+	15 Sec. 75. Grounds for disciplinary action.
	187	+	16 (a) The Department may refuse to issue, renew, or restore
	188	+	17 a registration, may revoke or suspend a registration, or may
	189	+	18 place on probation, reprimand, or take other disciplinary or
	190	+	19 non-disciplinary action with regard to a person registered
	191	+	20 under this Act, including, but not limited to, the imposition
	192	+	21 of fines not to exceed $10,000 for each violation and the
	193	+	22 assessment of costs as provided for in Section 90, for any one
	194	+	23 or combination of the following causes:
	195	+	24 (1) Making a material misstatement in furnishing
	196	+	25 information to the Department.
	197	+
	198	+
	199	+
	200	+
	201	+
	202	+	SB1716 Enrolled - 6 - LRB103 27343 AMQ 53715 b
	203	+
	204	+
	205	+	SB1716 Enrolled- 7 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 7 - LRB103 27343 AMQ 53715 b
	206	+	SB1716 Enrolled - 7 - LRB103 27343 AMQ 53715 b
	207	+	1 (2) Violating a provision of this Act or rules adopted
	208	+	2 under this Act.
	209	+	3 (3) Conviction by plea of guilty or nolo contendere,
	210	+	4 finding of guilt, jury verdict, or entry of judgment or by
	211	+	5 sentencing of any crime, including, but not limited to,
	212	+	6 convictions, preceding sentences of supervision,
	213	+	7 conditional discharge, or first offender probation, under
	214	+	8 the laws of any jurisdiction of the United States that is
	215	+	9 (i) a felony or (ii) a misdemeanor, an essential element
	216	+	10 of which is dishonesty, or that is directly related to the
	217	+	11 practice of the profession.
	218	+	12 (4) Fraud or misrepresentation in applying for,
	219	+	13 renewing, restoring, reinstating, or procuring a
	220	+	14 registration under this Act.
	221	+	15 (5) Aiding or assisting another person in violating a
	222	+	16 provision of this Act or its rules.
	223	+	17 (6) Failing to provide information within 60 days in
	224	+	18 response to a written request made by the Department.
	225	+	19 (7) Engaging in dishonorable, unethical, or
	226	+	20 unprofessional conduct of a character likely to deceive,
	227	+	21 defraud, or harm the public, as defined by rule of the
	228	+	22 Department.
	229	+	23 (8) Discipline by another United States jurisdiction,
	230	+	24 governmental agency, unit of government, or foreign
	231	+	25 nation, if at least one of the grounds for discipline is
	232	+	26 the same or substantially equivalent to those set forth in
	233	+
	234	+
	235	+
	236	+
	237	+
	238	+	SB1716 Enrolled - 7 - LRB103 27343 AMQ 53715 b
	239	+
	240	+
	241	+	SB1716 Enrolled- 8 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 8 - LRB103 27343 AMQ 53715 b
	242	+	SB1716 Enrolled - 8 - LRB103 27343 AMQ 53715 b
	243	+	1 this Section.
	244	+	2 (9) Directly or indirectly giving to or receiving from
	245	+	3 a person, firm, corporation, partnership, or association a
	246	+	4 fee, commission, rebate, or other form of compensation for
	247	+	5 professional services not actually or personally rendered.
	248	+	6 Nothing in this paragraph (9) affects any bona fide
	249	+	7 independent contractor or employment arrangements among
	250	+	8 health care professionals, health facilities, health care
	251	+	9 providers, or other entities, except as otherwise
	252	+	10 prohibited by law. Any employment arrangements may include
	253	+	11 provisions for compensation, health insurance, pension, or
	254	+	12 other employment benefits for the provision of services
	255	+	13 within the scope of the registrant's practice under this
	256	+	14 Act. Nothing in this paragraph (9) shall be construed to
	257	+	15 require an employment arrangement to receive professional
	258	+	16 fees for services rendered.
	259	+	17 (10) A finding by the Department that the registrant,
	260	+	18 after having the his or her registration placed on
	261	+	19 probationary status, has violated the terms of probation.
	262	+	20 (11) Willfully making or filing false records or
	263	+	21 reports in the his or her practice, including, but not
	264	+	22 limited to, false records or reports filed with State
	265	+	23 agencies.
	266	+	24 (12) Willfully making or signing a false statement,
	267	+	25 certificate, or affidavit to induce payment.
	268	+	26 (13) Willfully failing to report an instance of
	269	+
	270	+
	271	+
	272	+
	273	+
	274	+	SB1716 Enrolled - 8 - LRB103 27343 AMQ 53715 b
	275	+
	276	+
	277	+	SB1716 Enrolled- 9 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 9 - LRB103 27343 AMQ 53715 b
	278	+	SB1716 Enrolled - 9 - LRB103 27343 AMQ 53715 b
	279	+	1 suspected child abuse or neglect as required under the
	280	+	2 Abused and Neglected Child Reporting Act.
	281	+	3 (14) Being named as a perpetrator in an indicated
	282	+	4 report by the Department of Children and Family Services
	283	+	5 under the Abused and Neglected Child Reporting Act and
	284	+	6 upon proof by clear and convincing evidence that the
	285	+	7 registrant has caused a child to be an abused child or
	286	+	8 neglected child as defined in the Abused and Neglected
	287	+	9 Child Reporting Act.
	288	+	10 (15) (Blank).
	289	+	11 (16) Failure to report to the Department (A) any
	290	+	12 adverse final action taken against the registrant by
	291	+	13 another registering or licensing jurisdiction, government
	292	+	14 agency, law enforcement agency, or any court or (B)
	293	+	15 liability for conduct that would constitute grounds for
	294	+	16 action as set forth in this Section.
	295	+	17 (17) Habitual or excessive use or abuse of drugs
	296	+	18 defined in law as controlled substances, alcohol, or any
	297	+	19 other substance that results in the inability to practice
	298	+	20 with reasonable judgment, skill, or safety.
	299	+	21 (18) Physical or mental illness, including, but not
	300	+	22 limited to, deterioration through the aging process or
	301	+	23 loss of motor skills, which results in the inability to
	302	+	24 practice the profession for which the person he or she is
	303	+	25 registered with reasonable judgment, skill, or safety.
	304	+	26 (19) Gross malpractice.
	305	+
	306	+
	307	+
	308	+
	309	+
	310	+	SB1716 Enrolled - 9 - LRB103 27343 AMQ 53715 b
	311	+
	312	+
	313	+	SB1716 Enrolled- 10 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 10 - LRB103 27343 AMQ 53715 b
	314	+	SB1716 Enrolled - 10 - LRB103 27343 AMQ 53715 b
	315	+	1 (20) Immoral conduct in the commission of an act
	316	+	2 related to the registrant's practice, including, but not
	317	+	3 limited to, sexual abuse, sexual misconduct, or sexual
	318	+	4 exploitation.
	319	+	5 (21) Violation of the Health Care Worker Self-Referral
	320	+	6 Act.
	321	+	7 (b) The Department may refuse to issue or may suspend
	322	+	8 without hearing the registration of a person who fails to file
	323	+	9 a return, to pay the tax, penalty, or interest shown in a filed
	324	+	10 return, or to pay a final assessment of the tax, penalty, or
	325	+	11 interest as required by a tax Act administered by the
	326	+	12 Department of Revenue, until the requirements of the tax Act
	327	+	13 are satisfied in accordance with subsection (g) of Section
	328	+	14 2105-15 of the Department of Regulation Law of the Civil
	329	+	15 Administrative Code of Illinois.
	330	+	16 (c) The determination by a circuit court that a registrant
	331	+	17 is subject to involuntary admission or judicial admission as
	332	+	18 provided in the Mental Health and Developmental Disabilities
	333	+	19 Code operates as an automatic suspension. The suspension will
	334	+	20 end only upon (1) a finding by a court that the patient is no
	335	+	21 longer subject to involuntary admission or judicial admission,
	336	+	22 (2) issuance of an order so finding and discharging the
	337	+	23 patient, and (3) filing of a petition for restoration
	338	+	24 demonstrating fitness to practice.
	339	+	25 (d) (Blank).
	340	+	26 (e) In cases where the Department of Healthcare and Family
	341	+
	342	+
	343	+
	344	+
	345	+
	346	+	SB1716 Enrolled - 10 - LRB103 27343 AMQ 53715 b
	347	+
	348	+
	349	+	SB1716 Enrolled- 11 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 11 - LRB103 27343 AMQ 53715 b
	350	+	SB1716 Enrolled - 11 - LRB103 27343 AMQ 53715 b
	351	+	1 Services has previously determined a registrant or a potential
	352	+	2 registrant is more than 30 days delinquent in the payment of
	353	+	3 child support and has subsequently certified the delinquency
	354	+	4 to the Department, the Department may refuse to issue or renew
	355	+	5 or may revoke or suspend that person's registration or may
	356	+	6 take other disciplinary action against that person based
	357	+	7 solely upon the certification of delinquency made by the
	358	+	8 Department of Healthcare and Family Services in accordance
	359	+	9 with paragraph (5) of subsection (a) of Section 2105-15 of the
	360	+	10 Department of Professional Regulation Law of the Civil
	361	+	11 Administrative Code of Illinois.
	362	+	12 (f) In enforcing this Section, the Department, upon a
	363	+	13 showing of a possible violation, may compel any individual
	364	+	14 registered under this Act or any individual who has applied
	365	+	15 for registration to submit to a mental or physical examination
	366	+	16 and evaluation, or both, that may include a substance abuse or
	367	+	17 sexual offender evaluation, at the expense of the Department.
	368	+	18 The Department shall specifically designate the examining
	369	+	19 physician licensed to practice medicine in all of its branches
	370	+	20 or, if applicable, the multidisciplinary team involved in
	371	+	21 providing the mental or physical examination and evaluation,
	372	+	22 or both. The multidisciplinary team shall be led by a
	373	+	23 physician licensed to practice medicine in all of its branches
	374	+	24 and may consist of one or more or a combination of physicians
	375	+	25 licensed to practice medicine in all of its branches, licensed
	376	+	26 chiropractic physicians, licensed clinical psychologists,
	377	+
	378	+
	379	+
	380	+
	381	+
	382	+	SB1716 Enrolled - 11 - LRB103 27343 AMQ 53715 b
	383	+
	384	+
	385	+	SB1716 Enrolled- 12 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 12 - LRB103 27343 AMQ 53715 b
	386	+	SB1716 Enrolled - 12 - LRB103 27343 AMQ 53715 b
	387	+	1 licensed clinical social workers, licensed clinical
	388	+	2 professional counselors, and other professional and
	389	+	3 administrative staff. Any examining physician or member of the
	390	+	4 multidisciplinary team may require any person ordered to
	391	+	5 submit to an examination and evaluation pursuant to this
	392	+	6 Section to submit to any additional supplemental testing
	393	+	7 deemed necessary to complete any examination or evaluation
	394	+	8 process, including, but not limited to, blood testing,
	395	+	9 urinalysis, psychological testing, or neuropsychological
	396	+	10 testing.
	397	+	11 The Department may order the examining physician or any
	398	+	12 member of the multidisciplinary team to provide to the
	399	+	13 Department any and all records, including business records,
	400	+	14 that relate to the examination and evaluation, including any
	401	+	15 supplemental testing performed. The Department may order the
	402	+	16 examining physician or any member of the multidisciplinary
	403	+	17 team to present testimony concerning this examination and
	404	+	18 evaluation of the registrant or applicant, including testimony
	405	+	19 concerning any supplemental testing or documents relating to
	406	+	20 the examination and evaluation. No information, report,
	407	+	21 record, or other documents in any way related to the
	408	+	22 examination and evaluation shall be excluded by reason of any
	409	+	23 common law or statutory privilege relating to communication
	410	+	24 between the registrant or applicant and the examining
	411	+	25 physician or any member of the multidisciplinary team. No
	412	+	26 authorization is necessary from the registrant or applicant
	413	+
	414	+
	415	+
	416	+
	417	+
	418	+	SB1716 Enrolled - 12 - LRB103 27343 AMQ 53715 b
	419	+
	420	+
	421	+	SB1716 Enrolled- 13 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 13 - LRB103 27343 AMQ 53715 b
	422	+	SB1716 Enrolled - 13 - LRB103 27343 AMQ 53715 b
	423	+	1 ordered to undergo an evaluation and examination for the
	424	+	2 examining physician or any member of the multidisciplinary
	425	+	3 team to provide information, reports, records, or other
	426	+	4 documents or to provide any testimony regarding the
	427	+	5 examination and evaluation. The individual to be examined may
	428	+	6 have, at the individual's his or her own expense, another
	429	+	7 physician of the individual's his or her choice present during
	430	+	8 all aspects of the examination.
	431	+	9 Failure of any individual to submit to mental or physical
	432	+	10 examination and evaluation, or both, when directed, shall
	433	+	11 result in an automatic suspension without a hearing until such
	434	+	12 time as the individual submits to the examination. If the
	435	+	13 Department finds a registrant unable to practice because of
	436	+	14 the reasons set forth in this Section, the Department shall
	437	+	15 require such registrant to submit to care, counseling, or
	438	+	16 treatment by physicians approved or designated by the
	439	+	17 Department as a condition for continued, reinstated, or
	440	+	18 renewed registration.
	441	+	19 When the Secretary immediately suspends a registration
	442	+	20 under this Section, a hearing upon such person's registration
	443	+	21 must be convened by the Department within 15 days after such
	444	+	22 suspension and completed without appreciable delay. The
	445	+	23 Department shall have the authority to review the registrant's
	446	+	24 record of treatment and counseling regarding the impairment to
	447	+	25 the extent permitted by applicable federal statutes and
	448	+	26 regulations safeguarding the confidentiality of medical
	449	+
	450	+
	451	+
	452	+
	453	+
	454	+	SB1716 Enrolled - 13 - LRB103 27343 AMQ 53715 b
	455	+
	456	+
	457	+	SB1716 Enrolled- 14 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 14 - LRB103 27343 AMQ 53715 b
	458	+	SB1716 Enrolled - 14 - LRB103 27343 AMQ 53715 b
	459	+	1 records.
	460	+	2 Individuals registered under this Act and affected under
	461	+	3 this Section shall be afforded an opportunity to demonstrate
	462	+	4 to the Department that they can resume practice in compliance
	463	+	5 with acceptable and prevailing standards under the provisions
	464	+	6 of their registration.
	465	+	7 (g) All fines imposed under this Section shall be paid
	466	+	8 within 60 days after the effective date of the order imposing
	467	+	9 the fine or in accordance with the terms set forth in the order
	468	+	10 imposing the fine.
	469	+	11 (Source: P.A. 100-872, eff. 8-14-18.)
	470	+	12 (225 ILCS 130/85)
	471	+	13 (Section scheduled to be repealed on January 1, 2024)
	472	+	14 Sec. 85. Investigation; notice; hearing. The Department
	473	+	15 may investigate the actions of a person applying for, holding,
	474	+	16 or claiming to hold a certificate of registration. The
	475	+	17 Department shall, before refusing to issue or renew a
	476	+	18 registration or taking other disciplinary or non-disciplinary
	477	+	19 action pursuant to Section 75 of this Act, and at least 30 days
	478	+	20 prior to the date set for the hearing, (i) notify in writing
	479	+	21 the applicant or registrant of the charges made and the time
	480	+	22 and place for a hearing of the charges, (ii) direct the
	481	+	23 applicant or registrant to file a written answer to the
	482	+	24 Department under oath within 20 days after the service of the
	483	+	25 notice, and (iii) inform the applicant or registrant that
	484	+
	485	+
	486	+
	487	+
	488	+
	489	+	SB1716 Enrolled - 14 - LRB103 27343 AMQ 53715 b
	490	+
	491	+
	492	+	SB1716 Enrolled- 15 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 15 - LRB103 27343 AMQ 53715 b
	493	+	SB1716 Enrolled - 15 - LRB103 27343 AMQ 53715 b
	494	+	1 failure to file an answer will result in default being taken
	495	+	2 against the applicant or registrant.
	496	+	3 Written notice and any notice in the subsequent proceeding
	497	+	4 may be served by registered or certified mail to the
	498	+	5 applicant's or registrant's address of record or, if in the
	499	+	6 course of the administrative proceeding the party has
	500	+	7 previously designated a specific email address at which to
	501	+	8 accept electronic service for that specific proceeding, by
	502	+	9 sending a copy by email to the party's email address on record.
	503	+	10 If the person fails to file an answer after receiving notice,
	504	+	11 his or her certificate of registration may, in the discretion
	505	+	12 of the Department, be suspended, revoked, or placed on
	506	+	13 probationary status or the Department may take whatever
	507	+	14 disciplinary or non-disciplinary action deemed proper,
	508	+	15 including limiting the delegated tasks or the imposition of a
	509	+	16 fine, without a hearing, if the act or acts charged constitute
	510	+	17 sufficient grounds for such action under this Act. At the time
	511	+	18 and place fixed in the notice, the Department shall proceed to
	512	+	19 hearing of the charges and the parties and their counsel shall
	513	+	20 be afforded ample opportunity to present any pertinent
	514	+	21 statements, testimony, evidence, and arguments. The Department
	515	+	22 may continue a hearing from time to time.
	516	+	23 (Source: P.A. 98-364, eff. 12-31-13.)
	517	+	24 (225 ILCS 130/110)
	518	+	25 (Section scheduled to be repealed on January 1, 2024)
	519	+
	520	+
	521	+
	522	+
	523	+
	524	+	SB1716 Enrolled - 15 - LRB103 27343 AMQ 53715 b
	525	+
	526	+
	527	+	SB1716 Enrolled- 16 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 16 - LRB103 27343 AMQ 53715 b
	528	+	SB1716 Enrolled - 16 - LRB103 27343 AMQ 53715 b
	529	+	1 Sec. 110. Motion for rehearing. In a case involving the
	530	+	2 refusal to issue or renew a registration or the discipline of a
	531	+	3 registrant, a copy of the hearing officer's report shall be
	532	+	4 served upon the respondent by the Department, as provided
	533	+	5 under Section 20 of this Act. Within 20 days after the service,
	534	+	6 the respondent may present to the Secretary Department a
	535	+	7 motion in writing for a rehearing, which shall specify the
	536	+	8 particular grounds for a rehearing. If no motion for rehearing
	537	+	9 is filed, then upon the expiration of the time specified for
	538	+	10 filing the motion, or if a motion for rehearing is denied, then
	539	+	11 upon the denial, the Secretary may enter an order in
	540	+	12 accordance with recommendations of the hearing officer
	541	+	13 Department, except as provided in Section 115 or 120 of this
	542	+	14 Act. If the respondent orders a transcript of the record from
	543	+	15 the reporting service and pays for the transcript within the
	544	+	16 time for filing a motion for rehearing, the 20-day period
	545	+	17 within which such a motion may be filed shall commence upon the
	546	+	18 delivery of the transcript to the respondent.
	547	+	19 (Source: P.A. 98-364, eff. 12-31-13.)
	548	+	20 (225 ILCS 130/115)
	549	+	21 (Section scheduled to be repealed on January 1, 2024)
	550	+	22 Sec. 115. Order of Secretary. The Secretary's order shall
	551	+	23 be based on the recommendations contained in the hearing
	552	+	24 officer's Department report unless the Secretary disagrees in
	553	+	25 any regard with the report of the hearing officer Department,
	554	+
	555	+
	556	+
	557	+
	558	+
	559	+	SB1716 Enrolled - 16 - LRB103 27343 AMQ 53715 b
	560	+
	561	+
	562	+	SB1716 Enrolled- 17 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 17 - LRB103 27343 AMQ 53715 b
	563	+	SB1716 Enrolled - 17 - LRB103 27343 AMQ 53715 b
	564	+	1 in which case the Secretary he or she may issue an order in
	565	+	2 contravention of the report. The hearing officer's report and
	566	+	3 Secretary's order are not admissible in evidence against the
	567	+	4 person in a criminal prosecution brought for a violation of
	568	+	5 this Act, but the hearing, report, and order are not a bar to a
	569	+	6 criminal prosecution brought for the violation of this Act.
	570	+	7 (Source: P.A. 98-364, eff. 12-31-13.)
	571	+	8 (225 ILCS 130/120)
	572	+	9 (Section scheduled to be repealed on January 1, 2024)
	573	+	10 Sec. 120. Hearing officer. The Secretary shall have the
	574	+	11 authority to appoint an attorney licensed to practice law in
	575	+	12 this State to serve as the hearing officer in a hearing
	576	+	13 authorized under Section 90 of this Act. The hearing officer
	577	+	14 shall have full authority to conduct the hearing. The hearing
	578	+	15 officer shall report the hearing officer's his or her findings
	579	+	16 of fact, conclusions of law, and recommendations to the
	580	+	17 Secretary Department. If the Secretary disagrees in any regard
	581	+	18 with the report of the hearing officer Department, the
	582	+	19 Secretary he or she may issue an order in contravention of the
	583	+	20 report. The Secretary shall provide a written explanation to
	584	+	21 the Department on a deviation from the Department's report and
	585	+	22 shall specify with particularity the reasons for his or her
	586	+	23 deviation in the final order.
	587	+	24 (Source: P.A. 98-364, eff. 12-31-13.)
	588	+
	589	+
	590	+
	591	+
	592	+
	593	+	SB1716 Enrolled - 17 - LRB103 27343 AMQ 53715 b
	594	+
	595	+
	596	+	SB1716 Enrolled- 18 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 18 - LRB103 27343 AMQ 53715 b
	597	+	SB1716 Enrolled - 18 - LRB103 27343 AMQ 53715 b
	598	+	1 (225 ILCS 130/150)
	599	+	2 (Section scheduled to be repealed on January 1, 2024)
	600	+	3 Sec. 150. Certificate of record. The Department shall not
	601	+	4 be required to certify any record to a court or file an answer
	602	+	5 in court or otherwise appear in a court in a judicial review
	603	+	6 proceeding unless and until the Department has received from
	604	+	7 the plaintiff payment of the costs of furnishing and
	605	+	8 certifying the record, which costs shall be determined by the
	606	+	9 Department. Exhibits shall be certified without cost. Failure
	607	+	10 on the part of the plaintiff to file a receipt in court shall
	608	+	11 be grounds for dismissal of the action.
	609	+	12 (Source: P.A. 98-364, eff. 12-31-13.)
	610	+	13 Section 99. Effective date. This Section and Section 5
	611	+	14 take effect upon becoming law.
	612	+	SB1716 Enrolled- 19 -LRB103 27343 AMQ 53715 b 1 INDEX 2 Statutes amended in order of appearance SB1716 Enrolled- 19 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 19 - LRB103 27343 AMQ 53715 b 1 INDEX 2 Statutes amended in order of appearance
	613	+	SB1716 Enrolled- 19 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 19 - LRB103 27343 AMQ 53715 b
	614	+	SB1716 Enrolled - 19 - LRB103 27343 AMQ 53715 b
	615	+	1 INDEX
	616	+	2 Statutes amended in order of appearance
	617	+
	618	+
	619	+
	620	+
	621	+
	622	+	SB1716 Enrolled - 18 - LRB103 27343 AMQ 53715 b
	623	+
	624	+
	625	+
	626	+	SB1716 Enrolled- 19 -LRB103 27343 AMQ 53715 b SB1716 Enrolled - 19 - LRB103 27343 AMQ 53715 b
	627	+	SB1716 Enrolled - 19 - LRB103 27343 AMQ 53715 b
	628	+	1 INDEX
	629	+	2 Statutes amended in order of appearance
	630	+
	631	+
	632	+
	633	+
	634	+
	635	+	SB1716 Enrolled - 19 - LRB103 27343 AMQ 53715 b