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| Public Act 099-0230 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing | ||||
Section 4.26 and by adding Section 4.36 as follows: | ||||
(5 ILCS 80/4.26)
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Sec. 4.26. Acts repealed on January 1, 2016. The following | ||||
Acts are repealed on January 1, 2016: | ||||
The Illinois Athletic Trainers Practice Act.
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The Illinois Roofing Industry Licensing Act.
| ||||
The Illinois Dental Practice Act.
| ||||
The Collection Agency Act.
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The Barber, Cosmetology, Esthetics, Hair Braiding, and | ||||
Nail Technology Act of 1985.
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The Respiratory Care Practice Act.
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The Hearing Instrument Consumer Protection Act.
| ||||
The Illinois Physical Therapy Act.
| ||||
The Professional Geologist Licensing Act. | ||||
(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; | ||||
96-1246, eff. 1-1-11.) | ||||
(5 ILCS 80/4.36 new) | ||||
Sec. 4.36. Act repealed on January 1, 2026. The following | ||||
Act is repealed on January 1, 2026: | ||
The Respiratory Care Practice Act. | ||
Section 10. The Respiratory Care Practice Act is amended by | ||
changing Sections 10, 15, 20, 30, 35, 40, 45, 65, 80, 95, 100, | ||
105, 110, 115, 125, 130, 135, 140, 145, 150, 160, 170, and 180 | ||
and by adding Sections 22, 190, and 195 as follows:
| ||
(225 ILCS 106/10)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 10. Definitions. In this Act:
| ||
"Address of record" means the designated address recorded | ||
by the Department in the applicant's or licensee's application | ||
file or license file as maintained by the Department's | ||
licensure maintenance unit. It is the duty of the applicant or | ||
licensee 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. | ||
"Advanced practice nurse" means an advanced practice nurse | ||
licensed under the Nurse Practice Act.
| ||
"Board" means the Respiratory Care Board appointed by the | ||
Secretary Director. | ||
"Basic respiratory care activities" means and includes all | ||
of the following activities: | ||
(1) Cleaning, disinfecting, and sterilizing equipment | ||
used in the practice of respiratory care as delegated by a | ||
licensed health care professional or other authorized | ||
licensed personnel. | ||
(2) Assembling equipment used in the practice of | ||
respiratory care as delegated by a licensed health care | ||
professional or other authorized licensed personnel. | ||
(3) Collecting and reviewing patient data through | ||
non-invasive means, provided that the collection and | ||
review does not include the individual's interpretation of | ||
the clinical significance of the data. Collecting and | ||
reviewing patient data includes the performance of pulse | ||
oximetry and non-invasive monitoring procedures in order | ||
to obtain vital signs and notification to licensed health | ||
care professionals and other authorized licensed personnel | ||
in a timely manner. | ||
(4) Maintaining a nasal cannula or face mask for oxygen | ||
therapy in the proper position on the patient's face. | ||
(5) Assembling a nasal cannula or face mask for oxygen | ||
therapy at patient bedside in preparation for use. | ||
(6) Maintaining a patient's natural airway by | ||
physically manipulating the jaw and neck, suctioning the | ||
oral cavity, or suctioning the mouth or nose with a bulb | ||
syringe. | ||
(7) Performing assisted ventilation during emergency | ||
resuscitation using a manual resuscitator. | ||
(8) Using a manual resuscitator at the direction of a | ||
licensed health care professional or other authorized | ||
licensed personnel who is present and performing routine | ||
airway suctioning. These activities do not include care of | ||
a patient's artificial airway or the adjustment of | ||
mechanical ventilator settings while a patient is | ||
connected to the ventilator.
| ||
"Basic respiratory care activities" does not mean activities | ||
that involve any of the following:
| ||
(1) Specialized knowledge that results from a course of | ||
education or training in respiratory care. | ||
(2) An unreasonable risk of a negative outcome for the | ||
patient. | ||
(3) The assessment or making of a decision concerning | ||
patient care. | ||
(4) The administration of aerosol medication or | ||
medical gas oxygen. | ||
(5) The insertion and maintenance of an artificial | ||
airway. | ||
(6) Mechanical ventilatory support. | ||
(7) Patient assessment. | ||
(8) Patient education.
| ||
(9) The transferring of oxygen devices, for purposes of | ||
patient transport, with a liter flow greater than 6 liters | ||
per minute, and the transferring of oxygen devices at any | ||
liter flow being delivered to patients less than 12 years | ||
of age. | ||
"Department" means the Department of Financial and | ||
Professional Regulation.
| ||
"Director" means the Director of
Professional Regulation.
| ||
"Licensed" means that which is required to hold oneself
out | ||
as
a respiratory care
practitioner as defined in this Act.
| ||
"Licensed health care professional" means a physician | ||
licensed to practice medicine in all its branches, an advanced | ||
practice nurse who has a written collaborative agreement with a | ||
collaborating physician that authorizes the advanced practice | ||
nurse to transmit orders to a respiratory care practitioner, or | ||
a physician assistant who has been delegated the authority to | ||
transmit orders to a respiratory care practitioner by his or | ||
her supervising physician.
| ||
"Order" means a written, oral, or telecommunicated | ||
authorization for respiratory care services for a patient by | ||
(i) a licensed health care professional who maintains medical | ||
supervision of the patient and makes a diagnosis or verifies | ||
that the patient's condition is such that it may be treated by | ||
a respiratory care practitioner or (ii) a certified registered | ||
nurse anesthetist in a licensed hospital or ambulatory surgical | ||
treatment center.
| ||
"Other authorized licensed personnel" means a licensed | ||
respiratory care practitioner, a licensed registered nurse, or | ||
a licensed practical nurse whose scope of practice authorizes | ||
the professional to supervise an individual who is not | ||
licensed, certified, or registered as a health professional. | ||
"Proximate supervision" means a situation in which an | ||
individual is
responsible for directing the actions of another | ||
individual in the facility and is physically close enough to be | ||
readily available, if needed, by the supervised individual.
| ||
"Respiratory care" and "cardiorespiratory care"
mean | ||
preventative services, evaluation and assessment services, | ||
therapeutic services, cardiopulmonary disease management, and | ||
rehabilitative services under the order of a licensed health | ||
care professional or a certified registered nurse anesthetist | ||
in a licensed hospital for an individual with a disorder, | ||
disease, or abnormality of the cardiopulmonary system. These | ||
terms include, but are not limited to, measuring, observing, | ||
assessing, and monitoring signs and symptoms, reactions, | ||
general behavior, and general physical response of individuals | ||
to respiratory care services, including the determination of | ||
whether those signs, symptoms, reactions, behaviors, or | ||
general physical responses exhibit abnormal characteristics; | ||
the administration of pharmacological and therapeutic agents | ||
and procedures related to respiratory care services; the | ||
collection of blood specimens and other bodily fluids and | ||
tissues for, and the performance of, cardiopulmonary | ||
diagnostic testing procedures, including, but not limited to, | ||
blood gas analysis; development, implementation, and | ||
modification of respiratory care treatment plans based on | ||
assessed abnormalities of the cardiopulmonary system, | ||
respiratory care guidelines, referrals, and orders of a | ||
licensed health care professional; application, operation, and | ||
management of mechanical ventilatory support and other means of | ||
life support, including, but not limited to, hemodynamic | ||
cardiovascular support; and the initiation of emergency | ||
procedures under the rules promulgated by the Department. A | ||
respiratory care practitioner shall refer to a physician | ||
licensed to practice medicine in all its branches any patient | ||
whose condition, at the time of evaluation or treatment, is | ||
determined to be beyond the scope of practice of the | ||
respiratory care practitioner.
| ||
"Respiratory care education program" means a course of | ||
academic study leading
to eligibility for registry or | ||
certification in respiratory care. The training
is to be | ||
approved by an accrediting agency recognized by the Board and | ||
shall
include an evaluation of competence through a | ||
standardized testing mechanism
that is determined by the Board | ||
to be both valid and reliable.
| ||
"Respiratory care practitioner" means a person who is | ||
licensed by the
Department of Professional Regulation and meets | ||
all of the following
criteria:
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(1) The person is engaged in the practice of | ||
cardiorespiratory care and
has the knowledge and skill | ||
necessary to administer respiratory care.
| ||
(2) The person is capable of serving as a resource to | ||
the
licensed
health care professional in
relation to the | ||
technical aspects of cardiorespiratory care and the safe | ||
and
effective methods for administering cardiorespiratory | ||
care modalities.
| ||
(3) The person is able to function in situations of | ||
unsupervised patient
contact requiring great individual | ||
judgment.
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"Secretary" means the Secretary of Financial and | ||
Professional Regulation. | ||
(Source: P.A. 94-523, eff. 1-1-06; 95-639, eff. 10-5-07.)
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(225 ILCS 106/15)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 15. Exemptions.
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(a) This Act does not prohibit a person legally regulated | ||
in this State by
any other Act from engaging in any practice | ||
for which he or she is authorized.
| ||
(b) Nothing in this Act shall prohibit the practice of | ||
respiratory care by a
person who is employed by the United | ||
States government or any bureau, division,
or agency thereof
| ||
while in the discharge of the employee's official duties.
| ||
(c) Nothing in this Act shall be construed to limit the | ||
activities and
services of a person enrolled in an approved | ||
course of study leading to a
degree or certificate of registry | ||
or certification eligibility in respiratory
care if these | ||
activities and services constitute a part of a supervised | ||
course
of study and if the person is designated by a title | ||
which clearly indicates his
or her status as a student or | ||
trainee. Status as a student or trainee shall
not exceed 3 | ||
years from the date of enrollment in an approved course.
| ||
(d) Nothing in this Act shall prohibit a person from | ||
treating ailments by
spiritual means through prayer alone in | ||
accordance with the tenets and
practices of a recognized church | ||
or religious denomination.
| ||
(e) Nothing in this Act shall be construed to prevent a | ||
person who is a
registered nurse, an advanced practice nurse, a | ||
licensed
practical nurse, a physician assistant, or a physician | ||
licensed to practice medicine in all its branches from | ||
providing respiratory care.
| ||
(f) Nothing in this Act shall limit a person who is | ||
credentialed by the
National Society for Cardiopulmonary | ||
Technology or the National Board for
Respiratory Care from | ||
performing pulmonary function tests and
respiratory care | ||
procedures related to the pulmonary function test. Individuals | ||
who do not possess a license to practice respiratory care or a | ||
license in another health care field may perform basic | ||
screening spirometry limited to peak flow, forced vital | ||
capacity, slow vital capacity, and maximum voluntary | ||
ventilation if they possess spirometry certification from the | ||
National Institute for Occupational Safety and Health, an | ||
Office Spirometry Certificate from the American Association | ||
for Respiratory Care, or other similarly accepted | ||
certification training.
| ||
(g) Nothing in this Act shall prohibit the collection and | ||
analysis of blood
by clinical laboratory personnel meeting the | ||
personnel standards of the
Illinois Clinical Laboratory Act.
| ||
(h)
Nothing in this Act shall prohibit a polysomnographic | ||
technologist, technician, or trainee, as defined in the job | ||
descriptions jointly accepted by the American Academy of Sleep | ||
Medicine, the Association of Polysomnographic Technologists, | ||
the Board of Registered Polysomnographic Technologists, and | ||
the American Society of Electroneurodiagnostic Technologists, | ||
from performing activities within the scope of practice of | ||
polysomnographic technology while under the direction of a | ||
physician licensed in this State.
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(i)
Nothing in this Act shall prohibit a family member from | ||
providing respiratory care services to an ill person.
| ||
(j) Nothing in this Act shall be construed to limit an | ||
unlicensed practitioner in a licensed hospital who is working | ||
under the proximate supervision of a licensed health care | ||
professional or other authorized licensed personnel and | ||
providing direct patient care services from performing basic | ||
respiratory care activities if the unlicensed practitioner
(i) | ||
has been trained to perform the basic respiratory care | ||
activities at the facility that employs or contracts with the | ||
individual and (ii) at a minimum, has annually received an | ||
evaluation of the unlicensed practitioner's performance of | ||
basic respiratory care activities documented by the facility.
| ||
(k) Nothing in this Act shall be construed to prohibit a | ||
person enrolled in a respiratory care education program or an | ||
approved course of study leading to a degree or certification | ||
in a health care-related discipline that provides respiratory | ||
care activities within his or her scope of practice and | ||
employed in a licensed hospital in order to provide direct | ||
patient care services under the direction of other authorized | ||
licensed personnel from providing respiratory care activities. | ||
(l) Nothing in this Act prohibits a person licensed as a | ||
respiratory care practitioner in another jurisdiction from | ||
providing respiratory care: (i) in a declared emergency in this | ||
State; (ii) as a member of an organ procurement team; or (iii) | ||
as part of a medical transport team that is transporting a | ||
patient into or out of this State.
| ||
(Source: P.A. 96-456, eff. 8-14-09.)
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(225 ILCS 106/20)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 20. Restrictions and limitations.
| ||
(a) No person shall, without a valid license as a | ||
respiratory care
practitioner (i) hold himself or herself out | ||
to the public as a respiratory
care practitioner; (ii) use the | ||
title "respiratory care practitioner"; or (iii) perform or | ||
offer to perform the duties of a respiratory care practitioner, | ||
except as provided in Section 15 of this Act.
| ||
(b) Nothing in the Act shall be construed to permit a | ||
person licensed as
a respiratory care practitioner to engage in | ||
any manner in the practice of
medicine in all its branches as | ||
defined by State law.
| ||
(Source: P.A. 94-523, eff. 1-1-06.)
| ||
(225 ILCS 106/22 new) | ||
Sec. 22. Durable medical equipment use and training. | ||
(a) Notwithstanding any other provision of this Act, | ||
unlicensed or non-credentialed individuals who deliver | ||
prescribed respiratory care equipment, including, but not | ||
limited to, oxygen, oxygen concentrators, pulmonary hygiene | ||
devices, aerosol compressors and generators, suction machines, | ||
and positive airway pressure devices, may deliver, set up, | ||
calibrate, and demonstrate the mechanical operation of a | ||
specific piece of equipment to the patient, family, and | ||
caregivers, with the exception of mechanical ventilators, | ||
which only a licensed respiratory care practitioner or other | ||
authorized licensed personnel operating within the scope of his | ||
or her scope of practice may deliver and set up. Demonstration | ||
of the mechanical operation of a specific piece of equipment | ||
includes demonstration of the on-off switches, emergency | ||
buttons, and alarm silence and reset buttons, as appropriate. | ||
In order for unlicensed or non-credentialed personnel to | ||
deliver, set up, calibrate, and demonstrate a specific piece of | ||
equipment as allowed in this subsection (a), the employer must | ||
document that the employee has both received training and | ||
demonstrated competency using the specific piece of equipment | ||
under the supervision of a respiratory care practitioner | ||
licensed by this State or some other licensed practitioner | ||
operating within his or her scope of practice. | ||
Equipment demonstration is not to be interpreted as | ||
teaching, administration, or performance of respiratory care. | ||
Unlicensed or non-credentialed individuals may not attach the | ||
equipment to the patient or instruct the patient, family, or | ||
caregiver on the use of the equipment beyond the mechanical | ||
functions of the device. | ||
(b) Patients, family, and caregivers must be taught to use | ||
the equipment for the intended clinical application by a | ||
licensed respiratory care practitioner or other licensed | ||
health care professional operating within his or her scope of | ||
practice. This instruction may occur through follow-up after | ||
delivery, with an identical model in the health care facility | ||
prior to discharge or with an identical model at the medical | ||
supply office. Instructions to the patient regarding the | ||
clinical use of equipment, patient monitoring, patient | ||
assessment, or any other procedure used with the intent of | ||
evaluating the effectiveness of the treatment must be performed | ||
by a respiratory care practitioner licensed by this State or | ||
any other licensed practitioner operating within his or her | ||
scope of practice.
| ||
(225 ILCS 106/30)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 30. Powers and duties of the Department. Subject to | ||
the provision
of this Act, the Department may:
| ||
(a) Authorize examinations to ascertain the qualifications | ||
and fitness of an
applicant for licensure as a respiratory care | ||
practitioner.
| ||
(b) Pass upon the qualifications of an applicant for | ||
licensure by
endorsement.
| ||
(c) Conduct hearings on proceedings to refuse to issue, | ||
renew, or revoke a
license or to suspend, place on probation, | ||
or reprimand a license issued or applied for person
licensed | ||
under this Act.
| ||
(d) Formulate rules required for the administration of this | ||
Act. Notice of
proposed rulemaking shall be transmitted to the | ||
Board, and the Department shall
review the Board's response and | ||
any recommendations made in the response.
| ||
(e) Solicit the advice and expert knowledge of the Board on | ||
any matter
relating to the administration and enforcement of | ||
this Act.
| ||
(f) (Blank). Issue a quarterly report to the Board of the | ||
status of all complaints
related to licensed practitioners | ||
received by the Department.
| ||
(g) Maintain a roster of the names and addresses of all | ||
licenses and all
persons whose licenses have been suspended, | ||
revoked, or denied renewal for
cause within the previous | ||
calendar year. The roster shall be available upon
written | ||
request and payment of the required fee.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/35)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 35. Respiratory Care Board.
| ||
(a) The Secretary Director shall appoint a Respiratory Care | ||
Board which shall serve in
an advisory capacity to the | ||
Secretary Director. The Board shall consist of 7 9 persons of
| ||
which 4 members shall be currently engaged in the practice of | ||
respiratory care
with a
minimum of 3 years practice in the | ||
State of Illinois, one member 3 members shall be a
qualified | ||
medical director directors, and 2 members shall be hospital | ||
administrators.
| ||
(b) Members shall be appointed to a 4-year 3-year term; | ||
except, initial appointees
shall serve the following terms: 3 | ||
members shall serve for one year, 3 members
shall serve for 2 | ||
years, and 3 members shall serve for 3 years. A member whose
| ||
term has expired shall continue to serve until his or her | ||
successor is
appointed and qualified. No member shall be | ||
reappointed to the Board for a
term that would cause his or her | ||
continuous service on the Board to be longer
than 10 8 years. | ||
Appointments to fill vacancies shall be made in the same manner
| ||
as original appointments for the unexpired portion of the | ||
vacated term.
Initial terms shall begin upon the effective date | ||
of this Act.
| ||
(c) The membership of the Board shall reasonably represent | ||
all the
geographic
areas in this State. The Secretary Director | ||
shall consider the recommendations of the
organization | ||
representing the largest number of respiratory care | ||
practitioners
for appointment of the respiratory care | ||
practitioner members of the Board and
the organization | ||
representing the largest number of
physicians licensed to | ||
practice medicine in all its branches for the
appointment of | ||
the medical director directors to the Board board.
| ||
(d) The Secretary Director has the authority to remove any | ||
member of the Board for cause at any time before the expiration | ||
of his or her term. The Secretary shall be the sole arbiter of | ||
cause. from
office for neglect of any duty required by law, for | ||
incompetence, or for
unprofessional or dishonorable conduct.
| ||
(e) The Secretary Director shall consider the | ||
recommendations of the Board on
questions involving standards | ||
of professional conduct, discipline, and
qualifications of | ||
candidates for licensure under this Act.
| ||
(f) The members of the Board shall be reimbursed for all | ||
legitimate and
necessary expenses incurred in attending | ||
meetings of the Board.
| ||
(g) Four members of the Board shall constitute a quorum. A | ||
vacancy in the membership of the Board shall not impair the | ||
right of a quorum to exercise all of the rights and perform all | ||
of the duties of the Board. | ||
(h) Members of the Board shall be immune from suit in any | ||
action based upon any disciplinary proceedings or other | ||
activities performed as members of the Board, except for | ||
willful and wanton misconduct. | ||
(Source: P.A. 94-523, eff. 1-1-06.)
| ||
(225 ILCS 106/40)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 40. Application for original license. Applications | ||
for original
license shall be made to the Department on forms
| ||
prescribed by the Department and accompanied by the appropriate | ||
documentation
and the required fee, which is not refundable. | ||
All applications shall contain
information that, in the | ||
judgment judgement of the Department, will enable the
| ||
Department to pass on the qualifications of the applicant for a | ||
license as a
respiratory care practitioner.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/45)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 45. Examination; failure or refusal to take | ||
examination.
| ||
(a) The Department shall authorize examinations of | ||
applicants as respiratory
care practitioners at the times and | ||
places as it may determine. The
examination shall test an | ||
applicant's the competence and qualifications of the applicant | ||
to
practice respiratory care.
| ||
(b) Applicants for examination shall pay, either to the | ||
Department or to the
designated testing service, a fee covering | ||
the cost of providing the
examination. Failure to appear for | ||
the examination on the scheduled date, at
the time and place | ||
specified, after the application for examination has been | ||
received and acknowledged by the Department or the designated | ||
testing service shall result in the forfeiture of the | ||
examination
fee.
| ||
(c) If an applicant neglects, fails, or refuses to take an | ||
examination, or
fails to pass an examination for a license | ||
under this Act within 3 years after
filing an application, the | ||
application shall be denied
and the fee forfeited.
However, the | ||
applicant
may thereafter submit a new application accompanied | ||
by the required fee. The
applicant shall meet the requirements | ||
in force at the time of making the new
application.
| ||
(d) The Department may employ consultants for the purpose | ||
of preparing and
conducting examinations.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/65)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 65. Licenses; renewal; restoration; inactive status.
| ||
(a) The expiration date and renewal period for each license | ||
issued under
this Act shall be set by rule. The licensee may | ||
renew a license during the 30
day period preceding its | ||
expiration date by paying the required fee and
demonstrating | ||
compliance with any continuing education requirements.
| ||
(b) A person who has permitted a license to expire or who | ||
has a license on
inactive status may have it restored by | ||
submitting an application to the
Department and filing proof of | ||
fitness, as defined by rule, to have the license
restored, | ||
including, if appropriate, evidence that is satisfactory to the
| ||
Department certifying the active practice of respiratory care | ||
in another
jurisdiction and by paying the required fee.
| ||
A person practicing on an expired license is considered to | ||
be practicing
without a license.
| ||
(c) If the person has not maintained an active practice | ||
that is satisfactory
to the Department in another jurisdiction, | ||
the Department shall determine the
person's fitness to resume | ||
active status. The Department may require the
person to | ||
complete a specified period of evaluated respiratory care and | ||
may
require successful completion of an examination.
| ||
(d) A person whose license expired while he or she was (1) | ||
in federal service on active duty with the Armed Forces armed
| ||
forces of the United States or , while called into service or | ||
training with the
State Militia, or (2) while in training or | ||
education under the supervision of the
United States government | ||
preliminary to before induction into the military service may | ||
have
his or her license restored without paying any lapsed | ||
renewal fees a renewal fee if, within 2 years
after the
| ||
termination of his or her service, training, or education, | ||
except under
conditions other than honorable, the Department is | ||
furnished with satisfactory
evidence that the person has been | ||
so engaged and that the service, training, or
education has | ||
been terminated.
| ||
(e) A license to practice shall not be denied any applicant | ||
because of the
applicant's race, religion, creed, national | ||
origin, political beliefs, or
activities, age, sex, sexual | ||
orientation, or physical impairment.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/80)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 80. Returned
checks; fines.
Any person who delivers a | ||
check or other payment to the Department that
is returned to | ||
the Department unpaid by the financial institution upon
which | ||
it is drawn shall pay to the Department, in addition to the | ||
amount
already owed to the Department, a fine of $50. The fines | ||
imposed by this Section are in addition
to any other discipline | ||
provided under this Act for unlicensed
practice or practice on | ||
a nonrenewed license. The Department shall notify
the person | ||
that payment of fees and fines shall be paid to the Department
| ||
by certified check or money order within 30 calendar days of | ||
the
notification. If, after the expiration of 30 days from the | ||
date of the
notification, the person has failed to submit the | ||
necessary remittance, the
Department shall automatically | ||
terminate the license or certificate or deny
the application, | ||
without hearing. If, after termination or denial, the
person | ||
seeks a license or certificate, he or she shall apply to the
| ||
Department for restoration or issuance of the license or | ||
certificate and
pay all fees and fines due to the Department. | ||
The Department may establish
a fee for the processing of an | ||
application for restoration of a license or
certificate to pay | ||
all expenses of processing this application. The Secretary | ||
Director
may waive the fines due under this Section in | ||
individual cases where the Secretary
Director finds that the | ||
fines would be unreasonable or unnecessarily
burdensome.
| ||
(Source: P.A. 92-146, eff. 1-1-02.)
| ||
(225 ILCS 106/95)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 95. Grounds for discipline.
| ||
(a) The Department may refuse to issue, renew, or may | ||
revoke, suspend, place
on probation, reprimand, or take other | ||
disciplinary or non-disciplinary action as the Department
| ||
considers appropriate, including the issuance of fines not to | ||
exceed $10,000 $5,000 for
each violation, with regard to any | ||
license for any one or combination more of the
following:
| ||
(1) Material misstatement in furnishing information to | ||
the Department or
to any other State or federal agency.
| ||
(2) Violations of this Act, or any
of the its 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 or any
| ||
state or territory thereof: (i) that is a felony or (ii) | ||
that is or a misdemeanor, an essential
element of which is | ||
dishonesty, or of any crime that is directly related to the
| ||
practice of the profession.
| ||
(4) Making any misrepresentation for the purpose of | ||
obtaining a license.
| ||
(5) Professional incompetence or negligence in the | ||
rendering of
respiratory care services.
| ||
(6) Malpractice.
| ||
(7) Aiding or assisting another person in violating any | ||
rules or
provisions of this Act.
| ||
(8) Failing to provide information within 60 days in | ||
response to a written
request made by the Department.
| ||
(9) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character likely to deceive, | ||
defraud, or harm the public.
| ||
(10) Violating the rules of professional conduct | ||
adopted by the
Department.
| ||
(11) Discipline by another jurisdiction, if at least | ||
one of the grounds
for the discipline is the same or | ||
substantially equivalent to those set forth
in this Act.
| ||
(12) Directly or indirectly giving to or receiving from | ||
any person, firm,
corporation, partnership, or association | ||
any fee, commission, rebate, or other
form of compensation | ||
for any professional services not actually rendered. | ||
Nothing in this paragraph (12) affects any bona fide | ||
independent contractor or employment arrangements among | ||
health care professionals, health facilities, health care | ||
providers, or other entities, except as otherwise | ||
prohibited by law. Any employment arrangements may include | ||
provisions for compensation, health insurance, pension, or | ||
other employment benefits for the provision of services | ||
within the scope of the licensee's practice under this Act. | ||
Nothing in this paragraph (12) shall be construed to | ||
require an employment arrangement to receive professional | ||
fees for services rendered.
| ||
(13) A finding that the licensee, after having her or | ||
his license placed on probationary status or subject to | ||
conditions or restrictions, has violated the terms of | ||
probation or failed to comply with such terms or conditions | ||
A finding by the Department that the licensee, after having | ||
the
license placed on probationary status, has violated the | ||
terms of the probation.
| ||
(14) Abandonment of a patient.
| ||
(15) Willfully filing false records or reports | ||
relating to a licensee's practice
including, but not | ||
limited to, false records filed with a federal or State
| ||
agency or department.
| ||
(16) Willfully failing to report an instance of | ||
suspected child abuse or
neglect as required by the Abused | ||
and Neglected Child Reporting Act.
| ||
(17) Providing respiratory care, other than pursuant | ||
to an order.
| ||
(18) Physical or mental disability
including, but not | ||
limited to, deterioration through
the aging process or loss | ||
of motor skills that results in the inability to
practice | ||
the profession with reasonable judgment, skill, or safety.
| ||
(19) Solicitation of professional services by using | ||
false or misleading
advertising.
| ||
(20) Failure to file a tax return, or to pay the tax, | ||
penalty, or interest
shown in a filed return, or to pay any | ||
final assessment of tax penalty, or
interest, as required | ||
by any tax Act administered by the Illinois Department of
| ||
Revenue or any successor agency or the Internal Revenue | ||
Service or
any
successor agency.
| ||
(21) Irregularities in billing a third party for | ||
services rendered or in
reporting charges for services not | ||
rendered.
| ||
(22) Being named as a perpetrator in an indicated | ||
report by the Department
of Children and Family Services | ||
under the Abused and Neglected Child Reporting
Act, and | ||
upon proof by clear and convincing evidence that the | ||
licensee has
caused a child to be an abused child or | ||
neglected child as defined in the
Abused and Neglected | ||
Child Reporting Act.
| ||
(23) Habitual or excessive use or addiction to alcohol, | ||
narcotics,
stimulants, or any other chemical agent or drug | ||
that results in an inability to
practice with reasonable | ||
skill, judgment, or safety.
| ||
(24) Being named as a perpetrator in an indicated | ||
report by the
Department on Aging under the Adult | ||
Protective Services Act, and upon proof by
clear and | ||
convincing evidence that the licensee has caused an adult | ||
with disabilities or an older adult to
be abused or | ||
neglected as defined in the Adult Protective Services Act.
| ||
(25) Willfully failing to report an instance of | ||
suspected abuse,
neglect, financial exploitation, or | ||
self-neglect of an adult with disabilities or an older | ||
adult as required by the Adult Protective Services Act.
| ||
(26) Willful omission to file or record, or willfully | ||
impeding the filing or recording, or inducing another | ||
person to omit to file or record medical reports as | ||
required by law or willfully failing to report an instance | ||
of suspected child abuse or neglect as required by the | ||
Abused and Neglected Child Reporting Act. | ||
(27) Practicing under a false or assumed name, except | ||
as provided by law. | ||
(28) Willfully or negligently violating the | ||
confidentiality between licensee and patient, except as | ||
required by law. | ||
(29) The use of any false, fraudulent, or deceptive | ||
statement in any document connected with the licensee's | ||
practice. | ||
(b) The determination by a court that a licensee is subject | ||
to involuntary
admission or judicial admission as provided in | ||
the Mental Health and
Developmental Disabilities Code will | ||
result in an automatic suspension of his
or
her license. The | ||
suspension will end upon a finding by a court that the
licensee | ||
is no
longer subject to involuntary admission or judicial | ||
admission, the issuance
of an order so finding and discharging | ||
the patient, and the recommendation of
the Board to the | ||
Secretary Director that the licensee be allowed to resume his | ||
or her
practice.
| ||
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. 98-49, eff. 7-1-13.)
| ||
(225 ILCS 106/100)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 100. Violations; injunctions; cease and desist order.
| ||
(a) If a person violates any provision of this Act, the | ||
Secretary Director may, in the
name of the People of the State | ||
of Illinois, through the Attorney General,
petition for an | ||
order enjoining the violation or an order enforcing compliance
| ||
with this Act.
Upon the filling of a verified petition, the | ||
court with appropriate
jurisdiction may issue a temporary | ||
restraining order without notice or bond and
may preliminarily | ||
and permanently enjoin the violation. If it is established
that | ||
the person has violated or is violating the injunction, the | ||
court may
punish the offender for contempt of court. | ||
Proceedings under this Section are
in addition to all other | ||
remedies and penalties provided by this Act.
| ||
(b) If a person holds himself or herself out as being a
| ||
respiratory
care
practitioner under this Act and is not | ||
licensed to do so, then any
licensed respiratory care | ||
practitioner, interested party, or injured person may
petition | ||
for relief as provided in subsection (a) of this Section.
| ||
(c) Whenever, in the opinion of the Department, a person | ||
violates any
provision of this Act, the Department may issue a | ||
rule to show cause why an
order to cease and desist should not | ||
be entered against that person. The rule
shall clearly set | ||
forth the grounds relied upon by the Department and shall
allow | ||
at least 7 days from the date of the rule to file an answer | ||
satisfactory
to the Department. Failure to answer to the | ||
satisfaction of the Department
shall cause an order to cease | ||
and desist to be issued.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/105)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 105. Investigations; notice; hearing. The Department | ||
may investigate the actions of an applicant, a licensee, or a
| ||
person claiming to hold a license. The Department shall, before | ||
revoking,
suspending, placing on probation, reprimanding, or | ||
taking any other
disciplinary
action under Section 95 of this | ||
Act, at least 30 days before the date set for
the hearing (i) | ||
notify the accused, in writing, of any charges made and the
| ||
time and place for the hearing on the charges, (ii) direct him | ||
or her to file
a written answer to the charges with the Board | ||
under oath within 20 days after
the
service upon him or her of | ||
the notice, and (iii) inform the accused that, if he
or she | ||
fails to answer, default will be taken against him or her and | ||
or his or
her license or certificate may be suspended, revoked, | ||
placed on probationary
status, or other disciplinary action | ||
taken with regard to the license,
including
limiting the scope, | ||
nature, or extent of his or her practice,
without a hearing,
as | ||
the Department
may consider proper. In case the person, after | ||
receiving notice, fails to file
an answer, his or her license | ||
may, in the discretion of the Department, be
suspended, | ||
revoked, placed on probationary status, or the Department may | ||
take
whatever disciplinary action is considered proper, | ||
including, limiting the
scope, nature, or extent of the | ||
person's practice or the imposition of a fine,
without a | ||
hearing, if the act or acts charged constitute sufficient | ||
grounds for
an action under this Act. The written notice may be | ||
served by personal
delivery or certified mail to the address of | ||
record specified by the accused in his or
her
last notification | ||
to the Department.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/110)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 110. Record of proceedings; transcript. The | ||
Department, at its expense, shall preserve the record of all | ||
proceedings at
a formal hearing of any case. The notice of | ||
hearing, complaint, all other
documents in the nature of | ||
pleadings and written motions filed in the
proceedings, the | ||
transcript of testimony, the report of the Board and orders of
| ||
the Department shall be in the record of the proceedings. The | ||
Department shall
furnish a transcript of the record to any | ||
person interested in the hearing upon
payment of the fee | ||
required under Section 2105-115 of the
Department of | ||
Professional Regulation Law (20 ILCS 2105/2105-115).
| ||
(Source: P.A. 91-239, eff. 1-1-00.)
| ||
(225 ILCS 106/115)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 115. Subpoena; depositions; oaths. The Department has | ||
the power to subpoena and to bring before it any person,
| ||
exhibit, book, document, record, file, or any other material
| ||
and
to take testimony either orally or by deposition, or both, | ||
with the same fees
and mileage and in the same manner as | ||
proscribed in civil cases in the courts
of this State.
| ||
The Secretary Director, the designated hearing officer, | ||
and every member of the Board
has the power to administer oaths | ||
to witnesses at any hearing which the
Department is authorized | ||
to conduct, and any other oaths authorized in any Act
| ||
administered by the Department.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/125)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 125. Findings and recommendations. At the conclusion | ||
of the hearing, the Board shall present to the Secretary | ||
Director a
written report of its findings of fact, conclusions | ||
of law, and
recommendations. The report shall contain a finding | ||
of whether the licensee
violated this Act or failed to comply | ||
with the conditions required in this Act.
The Board shall | ||
specify the nature of the violation or failure to comply, and
| ||
shall make its recommendations to the Secretary Director.
| ||
The report of findings of fact, conclusions of law, and
| ||
recommendations of the
Board shall be the basis for the | ||
Department's order for refusal or for the
granting of a license | ||
or for any other disciplinary action.
If the Secretary Director | ||
disagrees with the recommendation of
the Board, the Secretary | ||
Director may issue an order in contravention of the Board's
| ||
recommendation. The Secretary Director shall provide a written | ||
report to the Board on
any disagreement and shall specify the | ||
reasons for the action in the final
order. The report of
| ||
findings of fact is not admissible in evidence against the | ||
person in a
criminal prosecution brought for violation of this | ||
Act, but the hearing and
findings of fact
are not a bar to a | ||
criminal prosecution brought for the violation of
this Act.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/130)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 130. Board; rehearing. In any case involving the | ||
refusal to issue or renew a
registration, or the discipline of | ||
a registrant, a copy of the Board's report
shall be served upon | ||
the respondent by the Department, either personally or as
| ||
provided in this Act for the service of the notice of hearing. | ||
Within 20
calendar days after service of the notice, the | ||
respondent may present to the
Department a motion in writing | ||
for a rehearing. The motion shall specify the
particular | ||
grounds for rehearing. If no motion for rehearing is filed, | ||
then
upon the expiration of the time specified for filing a | ||
motion (or, if a motion
for rehearing is denied, then upon | ||
denial) the Secretary Director may enter an order in
accordance | ||
with recommendation of the Board, except as provided in Section | ||
135 45.
If the respondent orders from the reporting service, | ||
and pays for a transcript
of the record within the time for | ||
filing a motion for rehearing, the 20
calendar day period | ||
within which a motion may be filed shall commence upon the
| ||
delivery of the transcript to the respondent.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/135)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 135. Secretary Director; rehearing. Whenever the | ||
Secretary Director believes that substantial justice has not | ||
been done in the revocation,
suspension, refusal to issue or | ||
renew a license, or any other the discipline of an applicant or | ||
a
licensee, he or she may order a rehearing by the same or | ||
other hearing officers.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/140)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 140. Appointment of a hearing officer. The Secretary | ||
Director has the
authority to appoint an attorney, licensed to | ||
practice law in the State of
Illinois, to serve as a hearing | ||
officer in any action for refusal to issue or
renew a license | ||
or to discipline a licensee. The hearing officer has
full | ||
authority to conduct the hearing. A At least one member or | ||
members of the Board may shall
attend hearings each hearing. | ||
The hearing officer shall report his or her findings of
fact, | ||
conclusions of law, and recommendations to the Board and to the | ||
Secretary Director.
The Board shall have 60 calendar days from | ||
receipt of the report to review it
and to present its findings | ||
of fact, conclusions of law, and recommendations to
the | ||
Secretary Director. If the Board does not present its report | ||
within the 60 day
period, the Secretary Director may issue an | ||
order based on the report of the hearing
officer. If the | ||
Secretary Director disagrees with the recommendation of the | ||
Board or the
hearing officer, the Secretary Director may issue | ||
an order in contravention of the
recommendation.
| ||
The Secretary Director shall promptly provide notice a | ||
written explanation to the Board of on any
such disagreement.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/145)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 145. Order or certified copy; prima facie proof. An | ||
order or a
certified copy thereof, over the seal of the | ||
Department and purporting to be signed by
the Secretary | ||
Director, is prima facie proof that:
| ||
(1) the signature is the genuine signature of the Secretary | ||
Director;
| ||
(2) the Secretary Director is duly appointed and qualified; | ||
and
| ||
(3) the Board and its the members thereof are qualified to | ||
act.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/150)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 150. Restoration of suspended or revoked license. At | ||
any time after the successful completion of a term of | ||
probation, suspension or revocation of any license, the | ||
Department
may restore the license to the licensee upon the | ||
written recommendation of the
Board, unless after an | ||
investigation and hearing the Board determines that
| ||
restoration is not in the public interest.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/160)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 160. Summary suspension of license. The Secretary | ||
Director may summarily suspend the license of a respiratory | ||
care
practitioner without a hearing, simultaneously with the | ||
institution of
proceedings for a hearing provided for in | ||
Section 105 of this Act, if the Secretary
Director finds that | ||
evidence in his or her possession indicates that the
| ||
continuation of practice by the respiratory care practitioner | ||
would constitute
an imminent danger to the public. In the event | ||
that the Secretary Director summarily
suspends the license of | ||
respiratory care practitioner an individual without a hearing, | ||
a hearing must be commenced held
within 30 calendar days after | ||
the suspension has occurred and concluded as expeditiously as | ||
practical.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/170)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 170. Administrative review; certification | ||
Certification of record; costs. | ||
All final administrative decisions of the Department are | ||
subject to judicial review pursuant to the Administrative | ||
Review Law and its rules. The term "administrative decision" is | ||
defined as in Section 3-101 of the Code of Civil Procedure. | ||
Proceedings for judicial review shall be commenced in the | ||
circuit court of the county in which the party applying for | ||
review resides, but if the party is not a resident of this | ||
State, the venue shall be in Sangamon County. | ||
The Department shall not be required to certify any record | ||
to the court, or
file an answer in court, or otherwise appear | ||
in any court in a judicial review
proceeding, unless and until | ||
the Department has received from the plaintiff payment of the | ||
costs of furnishing and certifying the record, which costs | ||
shall be determined by the Department there is filed in the | ||
court, with the complaint, a receipt
from the Department | ||
acknowledging payment of the costs of furnishing and
certifying | ||
the record. Exhibits shall be certified without cost. Failure | ||
on the part of the plaintiff to file a receipt
is grounds for | ||
dismissal of the action. During the pendency and hearing of any | ||
and all judicial proceedings incident to the disciplinary | ||
action, the sanctions imposed upon the accused by the | ||
Department specified in the Department's final administrative | ||
decision shall, as a matter of public policy, remain in full | ||
force and effect in order to protect the public pending final | ||
resolution of any of the proceedings.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/180)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 180. Illinois Administrative Procedure Act; | ||
application. The Illinois
Administrative Procedure Act is | ||
hereby expressly adopted and incorporated in
this Act as if all | ||
of the provisions of the Act were included in this Act, except | ||
that the provision of paragraph (d) of Section 10-65 of the | ||
Illinois Administrative Procedure Act, which provides that at | ||
hearings the registrant or licensee has the right to show | ||
compliance with all lawful requirements for retention or | ||
continuation or renewal of the license, is specifically | ||
excluded. For the purpose of this Act, the notice required | ||
under Section 10-25 of the Illinois Administrative Procedure | ||
Act is considered sufficient when mailed to address of record | ||
of the licensee or applicant.
| ||
(Source: P.A. 89-33, eff. 1-1-96.)
| ||
(225 ILCS 106/190 new) | ||
Sec. 190. Consent order. At any point in the proceedings as | ||
provided in Sections 90 through 105 and Section 125, both | ||
parties may agree to a negotiated consent order. The consent | ||
order shall be final upon signature of the Secretary. | ||
(225 ILCS 106/195 new) | ||
Sec. 195. Confidentiality. All information collected by | ||
the Department in the course of an examination or investigation | ||
of a licensee or applicant, including, but not limited to, any | ||
complaint against a licensee filed with the Department and | ||
information collected to investigate any such complaint, shall | ||
be maintained for the confidential use of the Department and | ||
shall not be disclosed. The Department shall not disclose the | ||
information to anyone other than law enforcement officials, | ||
regulatory agencies that have an appropriate regulatory | ||
interest as determined by the Secretary, or a party presenting | ||
a lawful subpoena to the Department. Information and documents | ||
disclosed to a federal, State, county, or local law enforcement | ||
agency shall not be disclosed by the agency for any purpose to | ||
any other agency or person. A formal complaint filed against a | ||
licensee by the Department or any order issued by the | ||
Department against a licensee or applicant shall be a public | ||
record, except as otherwise prohibited by law.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||