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91_SB1735
LRB9110502ACtm
1 AN ACT concerning the regulation of professions, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Athletic Trainers Practice Act
6 is amended by changing Section 6 as follows:
7 (225 ILCS 5/6) (from Ch. 111, par. 7606)
8 Sec. 6. Athletic Training Board - Appointment -
9 Membership - Term - Duties. The Director shall appoint an
10 Illinois Board of Athletic Trainers as follows: 6 persons who
11 shall be appointed by and shall serve in an advisory capacity
12 to the Director. Two members must be licensed physicians; 3
13 members must be registered athletic trainers in good
14 standing, and actively engaged in the practice of athletic
15 training in this State; and 1 member must be a public member
16 who is not registered under this Act, or a similar Act of
17 another jurisdiction, and is not a provider of athletic
18 health care service.
19 Members shall serve 4 year terms and until their
20 successors are appointed and qualified except that of the
21 initial appointments, 1 member shall be appointed to serve
22 for one year, 2 shall be appointed to serve for 2 years, 2
23 shall be appointed to serve for 3 years, and the remaining
24 one, who shall be the public member, shall be appointed to
25 serve for 4 years, and until their successors are appointed
26 and qualified. No member shall be reappointed to the Board
27 for more than 2 terms. Appointments to fill vacancies shall
28 be made in the same manner as original appointments, for the
29 unexpired portion of the vacated term. Initial terms shall
30 begin upon the effective date of this Act.
31 The membership of the Board should reasonably reflect
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1 representation from the geographic areas in this State.
2 The Board shall present an annual report to the Director,
3 the content of which shall be set forth by the rules of the
4 Department.
5 The Director may terminate the appointment of any member
6 for cause which in the opinion of the Director reasonably
7 justifies such termination.
8 The Director shall consider the recommendation of the
9 Board on questions involving standards of professional
10 conduct, discipline, and qualifications of candidates and
11 license holders under this Act.
12 (Source: P.A. 89-216, eff. 1-1-96.)
13 Section 10. The Funeral Directors and Embalmers
14 Licensing Code is amended by changing Section 15-5 as
15 follows:
16 (225 ILCS 41/15-5) (from Ch. 111, par. 2825)
17 Sec. 15-5. Funeral Directors and Embalmers Licensing and
18 Disciplinary Board. A Funeral Directors and Embalmers
19 Licensing and Disciplinary Board is created and shall consist
20 of 7 persons, 6 of whom are licensed to practice funeral
21 directing and embalming in this State, and one who is a
22 knowledgeable public member. Each member shall be appointed
23 by the Director of the Department. The persons so appointed
24 shall hold their offices for 4 years and until a qualified
25 successor is appointed. All vacancies occurring shall be
26 filled by the Director for the unexpired portion of the term
27 rendered vacant. No member shall be eligible to serve for
28 more than 2 full terms. Any appointee may be removed by the
29 Director when in his or her discretion he or she finds
30 removal to be in the public interest. The cause for removal
31 must be set forth in writing. The Board shall annually select
32 a chairman from its membership. The members of the Board
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1 shall be reimbursed for all legitimate and necessary expenses
2 incurred in attending meetings of the Board. The Board may
3 meet as often as necessary to perform its duties under this
4 Code, and shall meet at least once a year in Springfield,
5 Illinois.
6 The members of the Board appointed and serving under the
7 Funeral Directors and Embalmers Licensing Act of 1935 shall
8 continue to serve under the Funeral Directors and Embalmers
9 Licensing Code and until the expiration of their appointed
10 terms. These members may be reappointed if eligible under
11 this Section.
12 The Board shall submit a written report, at least
13 annually, to the Director in which it shall evaluate its own
14 and the Department's performance, inform the Department of
15 practice developments with the funeral service profession,
16 and provide recommendations for statutory or regulatory
17 program changes.
18 The Department may seek the advice and recommendations of
19 the Board on any matter relating to the administration and
20 enforcement of this Code.
21 The Department shall seek the advice and recommendations
22 of the Board in connection with any rulemaking or
23 disciplinary actions, including applications for restoration
24 of revoked licenses. The Board shall have 60 days to respond
25 to a Department request for advice and recommendations. If
26 the Department fails to adopt, in whole or in part, a Board
27 recommendation in connection with any rulemaking or
28 disciplinary action, it shall provide a written explanation
29 of its specific reasons for not adopting the Board
30 recommendation. The written explanations shall be made
31 available for public inspection.
32 The Department shall adopt all necessary and reasonable
33 rules and regulations for the effective administration of
34 this Code, and without limiting the foregoing, the Department
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1 shall adopt rules and regulations:
2 (1) prescribing a method of examination of
3 candidates;
4 (2) defining what shall constitute a school,
5 college, university, department of a university or other
6 institution to determine the reputability and good
7 standing of these institutions by reference to a
8 compliance with the rules and regulations; however, no
9 school, college, university, department of a university
10 or other institution that refuses admittance to
11 applicants, solely on account of race, color, creed, sex
12 or national origin shall be considered reputable and in
13 good standing;
14 (3) establishing expiration dates and renewal
15 periods for all licenses;
16 (4) prescribing a method of handling complaints and
17 conducting hearings on proceedings to take disciplinary
18 action under this Code; and
19 (5) providing for licensure by reciprocity.
20 (Source: P.A. 87-966.)
21 Section 15. The Pharmacy Practice Act of 1987 is amended
22 by changing Section 10 as follows:
23 (225 ILCS 85/10) (from Ch. 111, par. 4130)
24 Sec. 10. State Board of Pharmacy. There is created in the
25 Department the State Board of Pharmacy. It shall consist of 9
26 members, 7 of whom shall be licensed pharmacists. Each of
27 those 7 members must be a licensed pharmacist in good
28 standing in this State, a graduate of an accredited college
29 of pharmacy or hold a Bachelor of Science degree in Pharmacy
30 and have at least 5 years' practical experience in the
31 practice of pharmacy subsequent to the date of his licensure
32 as a licensed pharmacist in the State of Illinois. There
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1 shall be 2 public members, who shall be voting members, who
2 shall not be licensed pharmacists in this State or any other
3 state.
4 Each member shall be appointed by the Governor.
5 The terms of all members serving as of March 31, 1999
6 shall expire on that date. The Governor shall appoint 3
7 persons to serve one-year terms, 3 persons to serve 3-year
8 terms, and 3 persons to serve 5-year terms to begin April 1,
9 1999. Otherwise, members shall be appointed to 5 year terms.
10 No member shall be eligible to serve more than 12 consecutive
11 years.
12 In making the appointment of members on the Board, the
13 Governor shall give due consideration to recommendations by
14 the members of the profession of pharmacy and by
15 pharmaceutical organizations therein. The Governor shall
16 notify the pharmaceutical organizations promptly of any
17 vacancy of members on the Board and in appointing members
18 shall give consideration to individuals engaged in all types
19 and settings of pharmacy practice.
20 The Governor may remove any member of the Board for
21 misconduct, incapacity or neglect of duty and he shall be the
22 sole judge of the sufficiency of the cause for removal.
23 Every person appointed a member of the Board shall take
24 and subscribe the constitutional oath of office and file it
25 with the Secretary of State. Each member of the Board shall
26 be reimbursed for such actual and legitimate expenses as he
27 may incur in going to and from the place of meeting and
28 remaining thereat during sessions of the Board. In addition,
29 each member of the Board shall receive a per diem payment in
30 an amount determined from time to time by the Director for
31 attendance at meetings of the Board and conducting other
32 official business of the Board.
33 The Board shall hold quarterly meetings and an annual
34 meeting in January of each year and such other meetings at
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1 such times and places and upon such notice as the Board may
2 determine and as its business may require. Five members of
3 the Board shall constitute a quorum for the transaction of
4 business. The Director shall appoint a pharmacy coordinator,
5 who shall be someone other than a member of the Board. The
6 pharmacy coordinator shall be a registered pharmacist in good
7 standing in this State, shall be a graduate of an accredited
8 college of pharmacy, or hold at a minimum a Bachelor of
9 Science degree in Pharmacy and shall have at least 5 years'
10 experience in the practice of pharmacy immediately prior to
11 his appointment. The pharmacy coordinator shall be the
12 executive administrator and the chief enforcement officer of
13 the Pharmacy Practice Act.
14 The Board shall exercise the rights, powers and duties
15 which have been vested in the Board under this Act, and any
16 other duties conferred upon the Board by law.
17 The Director shall, in conformity with the Personnel
18 Code, employ not less than 7 pharmacy investigators and 2
19 pharmacy supervisors. Each pharmacy investigator and each
20 supervisor shall be a registered pharmacist in good standing
21 in this State, and shall be a graduate of an accredited
22 college of pharmacy and have at least 5 years of experience
23 in the practice of pharmacy. The Department shall also employ
24 at least one attorney who is a pharmacist to prosecute
25 violations of this Act and its rules. The Department may, in
26 conformity with the Personnel Code, employ such clerical and
27 other employees as are necessary to carry out the duties of
28 the Board.
29 The duly authorized pharmacy investigators of the
30 Department shall have the right to enter and inspect during
31 business hours any pharmacy or any other place in the State
32 of Illinois holding itself out to be a pharmacy where
33 medicines or drugs or drug products or proprietary medicines
34 are sold, offered for sale, exposed for sale, or kept for
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1 sale. The pharmacy investigators shall be the only Department
2 investigators authorized to inspect, investigate, and monitor
3 probation compliance of pharmacists and pharmacies.
4 The Board shall render annually to the Director a report
5 of their proceedings during the preceding year, together with
6 such other information and recommendations as the Board deems
7 proper.
8 (Source: P.A. 90-253, eff. 7-29-97.)
9 Section 20. The Physician Assistant Practice Act of 1987
10 is amended by changing Section 11 as follows:
11 (225 ILCS 95/11) (from Ch. 111, par. 4611)
12 Sec. 11. Committee. There is established a physician
13 assistant advisory committee to the Medical Licensing Board.
14 The physician assistant advisory committee shall review and
15 make recommendations to the Board regarding all matters
16 relating to physician assistants. The physician assistant
17 advisory committee shall be composed of 7 members. Three of
18 the 7 members shall be physicians, 2 of whom shall be members
19 of the Board and appointed to the advisory committee by the
20 chairman. One physician, not a member of the Board, shall be
21 a supervisor of a certified physician assistant and shall be
22 approved by the Governor from a list of Illinois physicians
23 supervising certified physician assistants. Three members
24 shall be physician assistants, certified under the law and
25 appointed by the Governor from a list of 10 names recommended
26 by the Board of Directors of the Illinois Academy of
27 Physician Assistants. One member, not employed or having any
28 material interest in any health care field, shall be
29 appointed by the Governor and represent the public. The
30 chairman of the physician assistant advisory committee shall
31 be a member elected by a majority vote of the physician
32 assistant advisory committee unless already a member of the
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1 Board. The physician assistant advisory committee is required
2 to meet and report to the Board quarterly and as physician
3 assistant issues arise. The terms of office of each of the
4 original 7 members shall be at staggered intervals. One
5 physician and one physician assistant shall serve for a 2
6 year term. One physician and one physician assistant shall
7 serve a 3 year term. One physician, one physician assistant
8 and the public member shall serve a 4 year term. Upon the
9 expiration of the term of any member, his successor shall be
10 appointed for a term of 4 years in the same manner as the
11 initial appointment. No member shall serve more than 2
12 consecutive terms.
13 The members of the physician assistant advisory committee
14 shall be reimbursed for all authorized legitimate and
15 necessary expenses incurred in attending the meetings of the
16 committee.
17 A majority of the physician assistant advisory committee
18 members currently appointed shall constitute a quorum. A
19 vacancy in the membership of the committee shall not impair
20 the right of a quorum to perform all of the duties of the
21 committee.
22 Members of the physician assistant advisory committee
23 shall have no liability for any action based upon a
24 disciplinary proceeding or other activity performed in good
25 faith as a member of the committee.
26 (Source: P.A. 90-61, eff. 12-30-97.)
27 Section 25. The Veterinary Medicine and Surgery Practice
28 Act of 1994 is amended by changing Section 7 as follows:
29 (225 ILCS 115/7) (from Ch. 111, par. 7007)
30 Sec. 7. Veterinarian Licensing and Disciplinary Board.
31 The Director shall appoint a Veterinarian Licensing and
32 Disciplinary Board as follows: 7 persons shall be appointed
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1 by and shall serve in an advisory capacity to the Director, 6
2 members must be licensed, in good standing, veterinarians in
3 this State, and must be actively engaged in the practice of
4 veterinary medicine and surgery in this State, and one member
5 must be a member of the public who is not licensed under this
6 Act, or a similar Act of another jurisdiction and who has no
7 connection with the veterinary profession.
8 Members shall serve 4 year terms and until their
9 successors are appointed and qualified, except that of the
10 initial appointments, one member shall be appointed to serve
11 for one year, 2 shall be appointed to serve for 2 years, 2
12 shall be appointed to serve for 3 years, and the remaining,
13 one of which shall be a public member, shall be appointed to
14 serve for 4 years and until their successors are appointed
15 and qualified. No member shall be reappointed to the Board
16 for more than 2 terms. Appointments to fill vacancies shall
17 be made in the same manner as original appointments, for the
18 unexpired portion of the vacated term. Initial terms shall
19 begin upon the effective date of this Act.
20 The membership of the Board should reasonably reflect
21 representation from the geographic areas in this State. The
22 Director shall consider the recommendations made by the State
23 Veterinary Medical Association in making appointments.
24 The Director may terminate the appointment of any member
25 for cause which in the opinion of the Director reasonably
26 justifies such termination.
27 The Board shall present an annual report to the
28 Department, the content of which shall be specified by rule.
29 The Board shall annually elect a Chairman who shall be a
30 Veterinarian.
31 The Director shall consider the advice and
32 recommendations of the Board on questions involving standards
33 of professional conduct, discipline and qualifications of
34 candidates and licensees under this Act.
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1 Members of the Board shall be entitled to receive a per
2 diem at a rate set by the Director and shall be reimbursed
3 for all authorized expenses incurred in the exercise of their
4 duties.
5 Members of the Board have no liability in any action
6 based upon any disciplinary proceeding or other activity
7 performed in good faith as a member of the Board.
8 (Source: P.A. 88-424.)
9 Section 30. The Illinois Certified Shorthand Reporters
10 Act of 1984 is amended by changing Section 8 as follows:
11 (225 ILCS 415/8) (from Ch. 111, par. 6208)
12 Sec. 8. The Director shall appoint a certified Shorthand
13 Reporters Board as follows: 7 persons who shall be appointed
14 by and shall serve in an advisory capacity to the Director.
15 Six members must be certified shorthand reporters, in good
16 standing, and actively engaged in the practice of shorthand
17 reporting in this State for ten years, and one member must be
18 a member of the public who is not certified under this Act,
19 or a similar Act of another jurisdiction.
20 Members shall serve 4 year terms and until their
21 successors are appointed and qualified, except that of the
22 initial appointments, one member shall be appointed to serve
23 for one year, 2 shall be appointed to serve for 2 years, 2
24 shall be appointed to serve for 3 years, and the remaining
25 one, who shall be the public member, shall be appointed to
26 serve for 4 years, until their successors are appointed and
27 qualified. No member shall be reappointed to the Board for a
28 term that would cause his continuous service on the Board to
29 be longer than 8 successive years. Service prior to the
30 effective date of this amendatory Act of 1991 shall be
31 considered. Appointments to fill vacancies shall be made in
32 the same manner as original appointments, for the unexpired
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1 portion of the vacated term. Initial terms shall begin upon
2 the effective date of this Act.
3 The membership of the Board should reasonably reflect
4 representation from the geographic areas in this State. In
5 making appointments to the Board, the Director shall give
6 consideration to recommendations by national and State
7 organizations of the shorthand reporter profession and shall
8 promptly give notice to such organizations of any vacancy in
9 the membership of the Board.
10 The Board shall present an annual report to the Director,
11 the content of which shall be set forth by the rules of the
12 Department.
13 The Director may terminate the appointment of any member
14 for cause which in the opinion of the Director reasonably
15 justifies such termination.
16 The Director shall consider the recommendations of the
17 Board on questions involving standards of professional
18 conduct, discipline and qualifications of candidates and
19 certificate holders under this Act.
20 The Director may remove any member who fails to attend 3
21 consecutive meetings unless the member has a medical excuse.
22 (Source: P.A. 87-481; 87-576.)
23 Section 35. The Illinois Public Accounting Act is amended
24 by changing Section 14 as follows:
25 (225 ILCS 450/14) (from Ch. 111, par. 5515)
26 Sec. 14. Qualifications. The Department shall license as
27 public accountants the following:
28 (a) All persons who have received or who hereafter
29 receive certificates as certified public accountants from the
30 Board, who have had at least one year of full-time
31 experience, or its equivalent, providing any type of service
32 or advice involving the use of accounting, attest, management
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1 advisory, financial advisory, tax, or consulting skills,
2 which may be gained through employment in government,
3 industry, academia, or public practice.
4 If the applicant's certificate was issued more than 4
5 years prior to the application for an internal license under
6 this Section, the applicant shall submit any evidence the
7 Department may require showing the applicant has completed
8 not less than 90 hours of continuing professional education
9 acceptable to the Department within the 3 years immediately
10 preceding the date of application.
11 The Committee shall be the sole and final judge of the
12 qualification of experience under this section.
13 (b) All partnerships, limited liability companies, or
14 corporations, or other entities engaged in the practice of
15 public accounting in this State and meeting the following
16 requirements:
17 (1) (Blank).
18 (2) A majority of the ownership of the firm, in
19 terms of financial interests and voting rights of all
20 partners, officers, shareholders, members, or managers,
21 belongs to persons licensed in some state, and the
22 partners, officers, shareholders, members, or managers
23 whose principal place of business is in this State and
24 who practice public accounting in this State, as defined
25 in Section 8 of this Act, hold a valid license issued by
26 this State.
27 (3) It shall be lawful for a nonprofit cooperative
28 association engaged in rendering an auditing and
29 accounting service to its members only, to continue to
30 render that service provided that the rendering of
31 auditing and accounting service by the cooperative
32 association shall at all times be under the control and
33 supervision of public accountants.
34 (4) The Department may adopt rules and regulations
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1 as necessary to provide for the practice of public
2 accounting by business entities that may be otherwise
3 authorized by law to conduct business in Illinois.
4 The Director shall appoint a Public Accountant
5 Registration Committee as follows: 7 persons who shall be
6 appointed by and shall serve in an advisory capacity to the
7 Director. Six members must be licensed public accountants,
8 in good standing, and must be actively engaged in the
9 practice of public accounting in this State, and one member
10 of the public, who is not licensed under this Act, or a
11 similar Act of another jurisdiction, and, who has no
12 connection with the accounting or public accounting
13 profession. Members shall serve 4 year terms and until their
14 successors are appointed and qualified. No member shall be
15 reappointed to the Committee for more than 2 terms.
16 Appointments to fill vacancies shall be made in the same
17 manner as original appointments, for the unexpired portion of
18 the vacated term. The membership of the Committee should
19 reasonably reflect representation from the geographic areas
20 in this State.
21 The members of the Committee appointed by the Director
22 shall receive reasonable compensation, to be determined by
23 the Department, for the necessary, legitimate, and
24 authorized expenses approved by the Department. All expenses
25 shall be paid from the Registered Certified Public
26 Accountants' Administration and Disciplinary Fund.
27 The Director may terminate the appointment of any member
28 for cause.
29 The Committee shall present an annual report to the
30 Department the content of which shall be specified by rule.
31 The Director shall consider the advice and
32 recommendations of the Committee on questions involving
33 standards of professional conduct, discipline and
34 qualifications of candidates and licensees under this Act.
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1 (Source: P.A. 91-508, eff. 8-13-99.)
2 (20 ILCS 2105/2105-210 rep.)
3 Section 90. The Department of Professional Regulation
4 Law is amended by repealing Section 2105-210.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.