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92_SB1689eng SB1689 Engrossed LRB9215592ACcd 1 AN ACT concerning the regulation of professions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Regulatory Sunset Act is amended by 5 changing Sections 4.13 and 4.17 as follows: 6 (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13) 7 Sec. 4.13. Acts repealed on December 31, 2002. The 8 following Acts are repealed on December 31, 2002: 9The Environmental Health Practitioner Licensing Act.10 The Naprapathic Practice Act. 11 The Wholesale Drug Distribution Licensing Act. 12 The Dietetic and Nutrition Services Practice Act. 13 The Funeral Directors and Embalmers Licensing Code. 14 The Professional Counselor and Clinical Professional 15 Counselor Licensing Act. 16 (Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.) 17 (5 ILCS 80/4.17) 18 Sec. 4.17. Acts repealed on January 1, 2007. The 19 following are repealed on January 1, 2007: 20 The Boiler and Pressure Vessel Repairer Regulation 21 Act. 22 The Structural Pest Control Act. 23 Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, 24 VIIC, XVII, XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois 25 Insurance Code. 26 The Clinical Psychologist Licensing Act. 27 The Illinois Optometric Practice Act of 1987. 28 The Medical Practice Act of 1987. 29 The Environmental Health Practitioner Licensing Act. 30 (Source: P.A. 89-467, eff. 1-1-97; 89-484, eff. 6-21-96; SB1689 Engrossed -2- LRB9215592ACcd 1 89-594, eff. 8-1-96; 89-702, eff. 7-1-97.) 2 Section 10. The Environmental Health Practitioner 3 Licensing Act is amended by changing Sections 18, 26, and 35 4 and adding Section 56 as follows: 5 (225 ILCS 37/18) 6 (Section scheduled to be repealed on December 31, 2002) 7 Sec. 18. Board of Environmental Health Practitioners. 8 The Board of Environmental Health Practitioners is created 9 and shall exercise its duties as provided in this Act. The 10 Board shall consist of 57members appointed by the Director. 11 Of the 57members, 34shall be environmental health 12 practitioners, one a Public Health Administrator who meets 13 the minimum qualifications for public health personnel 14 employed by full time local health departments as prescribed 15 by the Illinois Department of Public Health and is actively 16 engaged in the administration of a local health department 17 within this State,one full time professor teaching in the18field of environmental health practice,and one member of the 19 general public. In making the appointments to the Board, the 20 Director shall consider the recommendations of related 21 professional and trade associations including the Illinois 22 Environmental Health Association and the Illinois Public 23 Health Association and of the Director of Public Health. 24 Each of the environmental health practitioners shall have at 25 least 5 years of full time employment in the field of 26 environmental health practice before the date of appointment. 27 Each appointee filling the seat of an environmental health 28 practitioner appointed to the Board must be licensed under 29 this Act, however, in appointing the environmental health30practitioner members of the first Board, the Director may31appoint any environmental health practitioner who possesses32the qualifications set forth in Section 20 of this Act. OfSB1689 Engrossed -3- LRB9215592ACcd 1the initial appointments, 3 members shall be appointed for23-year terms, 2 members for 2-year terms, and 2 members for3one-year terms. Each succeeding member shall serve for a43-year term. 5 The membership of the Board shall reasonably reflect 6 representation from the various geographic areas of the 7 State. 8 A vacancy in the membership of the Board shall not impair 9 the right of a quorum to exercise all the rights and perform 10 all the duties of the Board. 11 The members of the Board are entitled to receive as 12 compensation a reasonable sum as determined by the Director 13 for each day actually engaged in the duties of the office and 14 all legitimate and necessary expenses incurred in attending 15 the meetings of the Board. 16 Members of the Board shall be immune from suit in any 17 action based upon any disciplinary proceedings or other 18 activities performed in good faith as members of the Board. 19 The Director may remove any member of the Board for any 20 cause that, in the opinion of the Director, reasonably 21 justifies termination. 22 (Source: P.A. 91-724, eff. 6-2-00; 91-798, eff. 7-9-00.) 23 (225 ILCS 37/26) 24 (Section scheduled to be repealed on December 31, 2002) 25 Sec. 26. Examination for registration as an 26 environmental health practitioner. 27 (a) Beginning June 30, 1995, only persons who meet the 28 educational and experience requirements of Section 20 and who 29 pass the examination authorized by the Department shall be 30 licensed.Persons who meet the requirements of subsection31(b) of Section 21 or Section 30 shall not be required to take32and pass the examination.33 (b) Applicants for examination as environmental health SB1689 Engrossed -4- LRB9215592ACcd 1 practitioners shall be required to pay, either to the 2 Department or the designated testing service, a fee covering 3 the cost of providing the examination. 4 (Source: P.A. 89-61, eff. 6-30-95; 89-706, eff. 1-31-97; 5 90-14, eff. 7-1-97.) 6 (225 ILCS 37/35) 7 (Section scheduled to be repealed on December 31, 2002) 8 Sec. 35. Grounds for discipline. 9 (a) The Department may refuse to issue or renew, or may 10 revoke, suspend, place on probation, reprimand, or take other 11 disciplinary action with regard to any license issued under 12 this Act as the Department may consider proper, including the 13 imposition of fines not to exceed $5,000 for each violation, 14 for any one or combination of the following causes: 15 (1) Material misstatement in furnishing information 16 to the Department. 17 (2) Violations of this Act or its rules. 18 (3) Conviction of any felony under the laws of any 19 U.S. jurisdiction, any misdemeanor an essential element 20 of which is dishonesty, or any crime that is directly 21 related to the practice of the profession. 22 (4) Making any misrepresentation for the purpose of 23 obtaining a certificate of registration. 24 (5) Professional incompetence. 25 (6) Aiding or assisting another person in violating 26 any provision of this Act or its rules. 27 (7) Failing to provide information within 60 days 28 in response to a written request made by the Department. 29 (8) Engaging in dishonorable, unethical, or 30 unprofessional conduct of a character likely to deceive, 31 defraud, or harm the public as defined by rules of the 32 Department. 33 (9) Habitual or excessive use or addiction to SB1689 Engrossed -5- LRB9215592ACcd 1 alcohol, narcotics, stimulants, or any other chemical 2 agent or drug that results in an environmental health 3 practitioner's inability to practice with reasonable 4 judgment, skill, or safety. 5 (10) Discipline by another U.S. jurisdiction or 6 foreign nation, if at least one of the grounds for a 7 discipline is the same or substantially equivalent to 8 those set forth in this Act. 9 (11) A finding by the Department that the 10 registrant, after having his or her license placed on 11 probationary status, has violated the terms of probation. 12 (12) Willfully making or filing false records or 13 reports in his or her practice, including, but not 14 limited to, false records filed with State agencies or 15 departments. 16 (13) Physical illness, including, but not limited 17 to, deterioration through the aging process or loss of 18 motor skills that result in the inability to practice the 19 profession with reasonable judgment, skill, or safety. 20 (14) Failure to comply with rules promulgated by 21 the Illinois Department of Public Health or other State 22 agencies related to the practice of environmental health. 23 (15) The Department shall deny any application for 24 a license or renewal of a license under this Act, without 25 hearing, to a person who has defaulted on an educational 26 loan guaranteed by the Illinois Student Assistance 27 Commission; however, the Department may issue a license 28 or renewal of a license if the person in default has 29 established a satisfactory repayment record as determined 30 by the Illinois Student Assistance Commission. 31 (16) Solicitation of professional services by using 32 false or misleading advertising. 33 (17) A finding that the license has been applied 34 for or obtained by fraudulent means. SB1689 Engrossed -6- LRB9215592ACcd 1 (18) Practicing or attempting to practice under a 2 name other than the full name as shown on the license or 3 any other legally authorized name. 4 (19) Gross overcharging for professional services 5 including filing statements for collection of fees or 6 moneys for which services are not rendered. 7 (b) The Department may refuse to issue or may suspend 8 the license of any person who fails to (i) file a return, 9 (ii) pay the tax, penalty, or interest shown in a filed 10 return; or (iii) pay any final assessment of the tax, 11 penalty, or interest as required by any tax Act administered 12 by the Illinois Department of Revenue until the requirements 13 of the tax Act are satisfied. 14 (c) The determination by a circuit court that a licensee 15 is subject to involuntary admission or judicial admission to 16 a mental health facility as provided in the Mental Health and 17 Developmental Disabilities Code operates as an automatic 18 suspension. The suspension may end only upon a finding by a 19 court that the licensee is no longer subject to involuntary 20 admission or judicial admission, the issuance of an order so 21 finding and discharging the patient, and the recommendation 22 of the Board to the Director that the licensee be allowed to 23 resume practice. 24 (d) In enforcing this Section, the Department, upon a 25 showing of a possible violation, may compel any person 26 licensed to practice under this Act or who has applied for 27 licensure or certification pursuant to this Act to submit to 28 a mental or physical examination, or both, as required by and 29 at the expense of the Department. The examining physicians 30 shall be those specifically designated by the Department. The 31 Department may order the examining physician to present 32 testimony concerning this mental or physical examination of 33 the licensee or applicant. No information shall be excluded 34 by reason of any common law or statutory privilege relating SB1689 Engrossed -7- LRB9215592ACcd 1 to communications between the licensee or applicant and the 2 examining physician. The person to be examined may have, at 3 his or her own expense, another physician of his or her 4 choice present during all aspects of the examination. Failure 5 of any person to submit to a mental or physical examination, 6 when directed, shall be grounds for suspension of a license 7 until the person submits to the examination if the Department 8 finds, after notice and hearing, that the refusal to submit 9 to the examination was without reasonable cause. 10 If the Department finds an individual unable to practice 11 because of the reasons set forth in this Section, the 12 Department may require that individual to submit to care, 13 counseling, or treatment by physicians approved or designated 14 by the Department, as a condition, term, or restriction for 15 continued, reinstated, or renewed licensure to practice or, 16 in lieu of care, counseling, or treatment, the Department may 17 file a complaint to immediately suspend, revoke, or otherwise 18 discipline the license of the individual. 19 Any person whose license was granted, continued, 20 reinstated, renewed, disciplined, or supervised subject to 21 such terms, conditions, or restrictions and who fails to 22 comply with such terms, conditions, or restrictions shall be 23 referred to the Director for a determination as to whether 24 the person shall have his or her license suspended 25 immediately, pending a hearing by the Department. 26 In instances in which the Director immediately suspends a 27 person's license under this Section, a hearing on that 28 person's license must be convened by the Department within 15 29 days after the suspension and completed without appreciable 30 delay. The Department shall have the authority to review the 31 subject person's record of treatment and counseling regarding 32 the impairment, to the extent permitted by applicable federal 33 statutes and regulations safeguarding the confidentiality of 34 medical records. SB1689 Engrossed -8- LRB9215592ACcd 1 A person licensed under this Act and affected under this 2 Section shall be afforded an opportunity to demonstrate to 3 the Department that he or she can resume practice in 4 compliance with acceptable and prevailing standards under the 5 provisions of his or her license. 6 (Source: P.A. 89-61, eff. 6-30-95.) 7 (225 ILCS 37/56 new) 8 Sec. 56. Unlicensed practice; violation; civil penalty. 9 (a) Any person who practices, offers to practice, 10 attempts to practice, or holds himself or herself out to 11 practice environmental health without being licensed under 12 this Act shall, in addition to any other penalty provided by 13 law, pay a civil penalty to the Department in an amount not 14 to exceed $5,000 for each offense as determined by the 15 Department. The civil penalty shall be assessed by the 16 Department after a hearing is held in accordance with the 17 provisions set forth in this Act regarding the provision of a 18 hearing for the discipline of a licensee. 19 (b) The Department has the authority and power to 20 investigate any and all unlicensed activity. 21 (c) The civil penalty shall be paid within 60 days after 22 the effective date of the order imposing the civil penalty. 23 The order shall constitute a judgment and may be filed and 24 execution had thereon in the same manner as any judgment from 25 any court of record. 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.