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| [ Senate Amendment 002 ] |
91_HB3455eng HB3455 Engrossed LRB9112263ACtm 1 AN ACT to amend the Environmental Health Practitioner 2 Licensing Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Environmental Health Practitioner 6 Licensing Act is amended by changing Sections 17, 18, and 27 7 as follows: 8 (225 ILCS 37/17) 9 Sec. 17. Powers and duties of the Department of 10 Professional Regulation. Subject to the provisions of this 11 Act, the Department shall exercise the following functions, 12 powers, and duties: 13 (1) Prescribe rules defining what constitutes an 14 approved school, college, or department of a university, 15 except that no school, college, or department of a university 16 that refuses admittance to applicants solely on account of 17 race, color, creed, sex, or national origin shall be 18 approved. 19 (2) Conduct hearings on proceedings to revoke, suspend, 20 or refuse to issue licenses. 21 (3) Promulgate rules required for the administration of 22 this Act. 23 (Source: P.A. 89-61, eff. 6-30-95.) 24 (225 ILCS 37/18) 25 Sec. 18. Board of Environmental Health Practitioners. 26 The Board of Environmental Health Practitioners is created 27 and shall exercise its duties as provided in this Act. The 28 Board shall consist of 7 members appointed by the Director. 29 Of the 7 members, 4 shall be environmental health 30 practitioners, one a Public Health Administrator who meets HB3455 Engrossed -2- LRB9112263ACtm 1 the minimum qualifications for public health personnel 2 employed by full time local health departments as prescribed 3 by the Illinois Department of Public Health and is actively 4 engaged in the administration of a local health department 5 within this State, one full time professor teaching in the 6 field of environmental health practice, and one member of the 7 general public. In making the appointments to the Board, the 8 Director shall consider the recommendations of related 9 professional and trade associations including the Illinois 10 Environmental Health Association and the Illinois Public 11 Health Association and of the Director of Public Health. 12 Each of the environmental health practitioners shall have at 13 least 5 years of full time employment in the field of 14 environmental health practice before the date of appointment. 15 Each appointee filling the seat of an environmental health 16 practitioner appointed to the Board must be licensed under 17 this Act, however, in appointing the environmental health 18 practitioner members of the first Board, the Director may 19 appoint any environmental health practitioner who possesses 20 the qualifications set forth in Section 20 of this Act. Of 21 the initial appointments, 3 members shall be appointed for 22 3-year terms, 2 members for 2-year terms, and 2 members for 23 one-year terms. Each succeeding member shall serve for a 24 3-year term. No member shall be reappointed formay serve25 more than 2consecutiveterms. Service prior to the effective 26 date of this amendatory Act of the 91st General Assembly 27 shall not be considered in calculating length of service. 28 The membership of the Board shall reasonably reflect 29 representation from the various geographic areas of the 30 State. 31 A vacancy in the membership of the Board shall not impair 32 the right of a quorum to exercise all the rights and perform 33 all the duties of the Board. 34 The members of the Board are entitled to receive as HB3455 Engrossed -3- LRB9112263ACtm 1 compensation a reasonable sum as determined by the Director 2 for each day actually engaged in the duties of the office and 3 all legitimate and necessary expenses incurred in attending 4 the meetings of the Board. 5 Members of the Board shall be immune from suit in any 6 action based upon any disciplinary proceedings or other 7 activities performed in good faith as members of the Board. 8 The Director may remove any member of the Board for any 9 cause that, in the opinion of the Director, reasonably 10 justifies termination. 11 (Source: P.A. 89-61, eff. 6-30-95.) 12 (225 ILCS 37/27) 13 Sec. 27. Renewals; restoration. 14 (a) The expiration date and renewal period for each 15 license issued under this Act shall be set by rule. As a 16 condition for renewal of a license, the licensee shall be 17 required to complete continuing education requirements as set 18 forth in rules by the Department. Licensees who are 70 years 19 of age or older and have been licensed under this Act for at 20 least 4 years shall be exempt from the continuing education 21 requirements. 22 (b) A person who has permitted a license to expire may 23 have the license restored by making application to the 24 Department and filing proof, acceptable to the Department, of 25 fitness to have the license restored. Proof may include (i) 26 sworn evidence certifying to active practice in another 27 jurisdiction that is satisfactory to the Department, (ii) 28 complying with any continuing education requirements, and 29 (iii) paying the required restoration fee. 30 (c) If the person has not maintained an active practice 31 in another jurisdiction satisfactory to the Department, the 32 Board shall determine, by an evaluation program, established 33 by rule, the person's fitness to resume active status. The HB3455 Engrossed -4- LRB9112263ACtm 1 Board may require the person to complete a period of 2 evaluated clinical experience and successful completion of a 3 practical examination. 4 However, a person whose license expired while (i) in 5 federal service on active duty with the Armed Forces of the 6 United States or called into service or training with the 7 State Militia or (ii) in training or education under the 8 supervision of the United States, preliminary to induction 9 into the military service may have his or her license renewed 10 or restored without paying any lapsed renewal fees if, within 11 2 years after honorable termination of the service, training, 12 or education, except under conditions other than honorable, 13 he or she furnishes the Department with satisfactory evidence 14 to the effect that he or she has been so engaged and that the 15 service, training, or education has been terminated. 16 (d) A person who notifies the Department, in writing on 17 forms prescribed by the Department, may place his or her 18 license on inactive status and shall be excused from the 19 payment of renewal fees until the person notifies the 20 Department, in writing, of the intention to resume active 21 practice. 22 (e) A person requesting his or her license be changed 23 from inactive to active status shall be required to pay the 24 current renewal fee and shall also demonstrate compliance 25 with the continuing education requirements. 26 (f) An environmental health practitioner whose license 27 is not renewed or whose license is on inactive status shall 28 not engage in the practice of environmental health in the 29 State of Illinois or use the title or advertise that he or 30 she performs the services of a "licensed environmental health 31 practitioner". 32 (g) A person violating subsection (f) of this Section 33 shall be considered to be practicing without a license and 34 shall be subject to the disciplinary provisions of this Act. HB3455 Engrossed -5- LRB9112263ACtm 1 (h) A license to practice shall not be denied any 2 applicant because of the applicant's race, religion, creed, 3 national origin, political beliefs or activities, age, sex, 4 sexual orientation, or physical impairment. 5 (Source: P.A. 89-61, eff. 6-30-95.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.