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92_SB1689ham002
LRB9215592LDcsam
1 AMENDMENT TO SENATE BILL 1689
2 AMENDMENT NO. . Amend Senate Bill 1689 by replacing
3 everything after the enacting clause with the following:
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 Acts repealed on December 31, 2002.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8 following Acts are repealed on December 31, 2002:
9 The 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 Acts repealed on January 1, 2007.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19 following are repealed on January 1, 2007: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.
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1 The Structural Pest Control Act.
2 Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB,
3 VIIC, XVII, XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois
4 Insurance Code.
5 The Clinical Psychologist Licensing Act.
6 The Illinois Optometric Practice Act of 1987.
7 The Medical Practice Act of 1987.
8 The Environmental Health Practitioner Licensing Act.
9 (Source: P.A. 89-467, eff. 1-1-97; 89-484, eff. 6-21-96;
10 89-594, eff. 8-1-96; 89-702, eff. 7-1-97.)
11 Section 10. The Environmental Health Practitioner
12 Licensing Act is amended by changing Sections 10, 15, 16, 18,
13 21, 25, 26, 35, and 50 and adding Sections 20.1, 22, 23, and
14 56 as follows:
15 (225 ILCS 37/10)
16 (Section scheduled to be repealed on December 31, 2002)
17 Sec. 10. Definitions. As used in this Act:
18 "Board" means the Environmental Health Practitioners
19 Board as created in this Act.
20 "Department" means the Department of Professional
21 Regulation.
22 "Director" means the Director of Professional Regulation.
23 "Environmental health inspector" means an individual who,
24 in support of and under the general supervision of a licensed
25 environmental health practitioner or licensed professional
26 engineer, practices environmental health and meets the
27 educational qualifications of an environmental health
28 inspector.
29 "Environmental health practice" is the practice of
30 environmental health by licensed environmental health
31 practitioners within the meaning of this Act and includes,
32 but is not limited to, the following areas of professional
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1 activities: milk and food sanitation; protection and
2 regulation of private water supplies; private waste water
3 management; domestic solid waste disposal practices;
4 institutional health and safety; and consultation and
5 education in these fields.
6 "Environmental health practitioner in training" means a
7 person licensed under this Act who meets the educational
8 qualifications of a licensed environmental health
9 practitioner and practices environmental health in support of
10 and under the general supervision of a licensed environmental
11 health practitioner or licensed professional engineer, but
12 has not passed the licensed environmental health practitioner
13 examination administered by the Department.
14 "License" means the authorization issued by the
15 Department permitting the person named on the authorization
16 to practice environmental health as defined in this Act.
17 "Licensed environmental health practitioner" is a person
18 who, by virtue of education and experience in the physical,
19 chemical, biological, and environmental health sciences, is
20 especially trained to organize, implement, and manage
21 environmental health programs, trained to carry out education
22 and enforcement activities for the promotion and protection
23 of the public health and environment, and is licensed as an
24 environmental health practitioner under this Act.
25 (Source: P.A. 89-61, eff. 6-30-95.)
26 (225 ILCS 37/15)
27 (Section scheduled to be repealed on December 31, 2002)
28 Sec. 15. License requirement.
29 (a) It shall be unlawful for any person to engage in an
30 environmental health practice after the effective date of
31 this amendatory Act of the 92nd General Assembly December 31,
32 1996 unless the person is licensed by the Department as an
33 environmental health practitioner or an environmental health
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1 practitioner in training or is an environmental health
2 inspector as defined in this Act.
3 (b) It is the responsibility of an individual required
4 to be licensed under this Act to obtain a license and to pay
5 all necessary fees, not the responsibility of his or her
6 employer.
7 (Source: P.A. 89-61, eff. 6-30-95.)
8 (225 ILCS 37/16)
9 (Section scheduled to be repealed on December 31, 2002)
10 Sec. 16. Exemptions. This Act does not prohibit or
11 restrict any of the following:
12 (1) A person performing the functions and duties of an
13 environmental health practitioner under the general direct
14 supervision of a licensed environmental health practitioner
15 or licensed professional engineer if that person (i) is not
16 responsible for the administration or supervision of one or
17 more employees engaged in an environmental health program,
18 (ii) establishes a method of verbal communication with the
19 licensed environmental health practitioner or licensed
20 professional engineer to whom they can refer and report
21 questions, problems, and emergency situations encountered in
22 environmental health practice, and (iii) has his or her
23 written reports reviewed monthly by a licensed environmental
24 health practitioner or licensed professional engineer.
25 (2) A person licensed in this State under any other Act
26 from engaging in the practice for which he or she is
27 licensed.
28 (3) A person working in laboratories licensed by,
29 registered with, or operated by the State of Illinois.
30 (4) A person employed by a State-licensed health care
31 facility who engages in the practice of environmental health
32 or whose job responsibilities include ensuring that the
33 environment in the health care facility is healthy and safe
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1 for employees, patients, and visitors.
2 (5) A person employed with the Illinois Department of
3 Agriculture who engages in meat and poultry inspections or
4 environmental inspections under the authority of the
5 Department of Agriculture.
6 (6) A person holding a degree of Doctor of Veterinary
7 Medicine and Surgery and licensed under the Veterinary
8 Medicine and Surgery Practice Act.
9 (Source: P.A. 89-61, eff. 6-30-95.)
10 (225 ILCS 37/18)
11 (Section scheduled to be repealed on December 31, 2002)
12 Sec. 18. Board of Environmental Health Practitioners.
13 The Board of Environmental Health Practitioners is created
14 and shall exercise its duties as provided in this Act. The
15 Board shall consist of 5 7 members appointed by the Director.
16 Of the 5 7 members, 3 4 shall be environmental health
17 practitioners, one a Public Health Administrator who meets
18 the minimum qualifications for public health personnel
19 employed by full time local health departments as prescribed
20 by the Illinois Department of Public Health and is actively
21 engaged in the administration of a local health department
22 within this State, one full time professor teaching in the
23 field of environmental health practice, and one member of the
24 general public. In making the appointments to the Board, the
25 Director shall consider the recommendations of related
26 professional and trade associations including the Illinois
27 Environmental Health Association and the Illinois Public
28 Health Association and of the Director of Public Health.
29 Each of the environmental health practitioners shall have at
30 least 5 years of full time employment in the field of
31 environmental health practice before the date of appointment.
32 Each appointee filling the seat of an environmental health
33 practitioner appointed to the Board must be licensed under
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1 this Act, however, in appointing the environmental health
2 practitioner members of the first Board, the Director may
3 appoint any environmental health practitioner who possesses
4 the qualifications set forth in Section 20 of this Act. Of
5 the initial appointments, 3 members shall be appointed for
6 3-year terms, 2 members for 2-year terms, and 2 members for
7 one-year terms. Each succeeding member shall serve for a
8 3-year term.
9 The membership of the Board shall reasonably reflect
10 representation from the various geographic areas of the
11 State.
12 A vacancy in the membership of the Board shall not impair
13 the right of a quorum to exercise all the rights and perform
14 all the duties of the Board.
15 The members of the Board are entitled to receive as
16 compensation a reasonable sum as determined by the Director
17 for each day actually engaged in the duties of the office and
18 all legitimate and necessary expenses incurred in attending
19 the meetings of the Board.
20 Members of the Board shall be immune from suit in any
21 action based upon any disciplinary proceedings or other
22 activities performed in good faith as members of the Board.
23 The Director may remove any member of the Board for any
24 cause that, in the opinion of the Director, reasonably
25 justifies termination.
26 (Source: P.A. 91-724, eff. 6-2-00; 91-798, eff. 7-9-00.)
27 (225 ILCS 37/20.1 new)
28 (Section scheduled to be repealed on December 31, 2002)
29 Sec. 20.1. Qualifications for an environmental health
30 inspector. An environmental health inspector must have an
31 associate's degree or its equivalent, including a minimum of
32 9 credit hours of science.
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1 (225 ILCS 37/21)
2 (Section scheduled to be repealed on December 31, 2002)
3 Sec. 21. Grandfather provision. (a) A person who, on
4 the effective date of this amendatory Act of the 92 General
5 Assembly June 30, 1995, was certified by his or her employer
6 as serving as a sanitarian or environmental health
7 practitioner in environmental health practice in this State
8 may be issued a license as an environmental health
9 practitioner in training upon filing an application by July
10 1, 2003 1999 and paying the required fees, and by passing the
11 examination.
12 (b) The Department may, upon application and payment of
13 the required fee within 12 months, issue a license to a
14 person who holds a current license as a sanitarian or
15 environmental health practitioner issued by the Illinois
16 Environmental Health Association or National Environmental
17 Health Association.
18 (Source: P.A. 89-61, eff. 6-30-95; 90-602, eff. 6-26-98.)
19 (225 ILCS 37/22 new)
20 (Section scheduled to be repealed on December 31, 2002)
21 Sec. 22. Environmental health practitioner in training.
22 (a) Any person who meets the educational qualifications
23 specified in Section 20, but does not meet the experience
24 requirement specified in that Section, may make application
25 to the Department on a form prescribed by the Department for
26 licensure as an environmental health practitioner in
27 training. The Department shall license that person as an
28 environmental health practitioner in training upon payment of
29 the fee required by this Act.
30 (b) An environmental health practitioner in training
31 shall apply for licensure as an environmental health
32 practitioner within 3 years of his or her licensure as an
33 environmental health practitioner in training. The license
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1 may be renewed or extended as defined by rule of the
2 Department. The Board may extend the licensure of any
3 environmental health practitioner in training who furnishes,
4 in writing, sufficient cause for not applying for examination
5 as an environmental health practitioner within the 3-year
6 period.
7 (c) An environmental health practitioner in training may
8 engage in the practice of environmental health for a period
9 not to exceed 6 years provided that he or she is supervised
10 by a licensed professional engineer or a licensed
11 environmental health practitioner as prescribed in this Act.
12 (225 ILCS 37/23 new)
13 (Section scheduled to be repealed on December 31, 2002)
14 Sec. 23. Supervision.
15 (a) A licensed Environmental health practitioner in
16 training or an environmental health inspector may perform the
17 duties and functions of environmental health practice under
18 the supervision of a licensed environmental health
19 practitioner or licensed professional engineer.
20 (b) A licensed environmental health practitioner or a
21 licensed professional engineer may serve as a supervisor to
22 any licensed environmental health practitioner in training or
23 environmental health inspector. The supervisor shall fulfill
24 the minimum supervisor requirements, including but not
25 limited to:
26 (1) being available for consultation on a daily
27 basis;
28 (2) reviewing and advising on law enforcement
29 proceedings; and
30 (3) evaluating the practice of environmental health
31 performed by the licensed environmental health
32 practitioner in training or the environmental health
33 inspector.
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1 (c) A licensed environmental health practitioner or
2 licensed professional engineer is responsible for assuring
3 that a licensed environmental health practitioner in training
4 or environmental health inspector that he or she is
5 supervising properly engages in the practice of environmental
6 health.
7 (225 ILCS 37/25)
8 (Section scheduled to be repealed on December 31, 2002)
9 Sec. 25. Application for original license. Applications
10 for original licenses shall be made to the Department on
11 forms prescribed by the Department and accompanied by the
12 required nonrefundable fee. All applications shall contain
13 information that, in the judgment of the Department, will
14 enable the Department to pass on the qualifications of the
15 applicant for a license as an environmental health
16 practitioner or environmental health practitioner in
17 training.
18 If an applicant for a license as an environmental health
19 practitioner neglects, fails, or refuses to take an
20 examination or fails to pass an examination for a license
21 under this Act within 3 years after filing an application,
22 the application is denied. However, the applicant may
23 thereafter make a new application, accompanied by the
24 required fee, if the applicant meets the requirements in
25 force at the time of making the new application.
26 (Source: P.A. 89-61, eff. 6-30-95.)
27 (225 ILCS 37/26)
28 (Section scheduled to be repealed on December 31, 2002)
29 Sec. 26. Examination for registration as an
30 environmental health practitioner.
31 (a) Beginning on the effective date of this amendatory
32 Act of the 92nd General Assembly June 30, 1995, only persons
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1 who meet the educational and experience requirements of
2 Section 20 and who pass the examination authorized by the
3 Department shall be licensed as environmental health
4 practitioners. Persons who meet the requirements of
5 subsection (b) of Section 21 or Section 30 shall not be
6 required to take and pass the examination.
7 (b) Applicants for examination as environmental health
8 practitioners shall be required to pay, either to the
9 Department or the designated testing service, a fee covering
10 the cost of providing the examination.
11 (Source: P.A. 89-61, eff. 6-30-95; 89-706, eff. 1-31-97;
12 90-14, eff. 7-1-97.)
13 (225 ILCS 37/35)
14 (Section scheduled to be repealed on December 31, 2002)
15 Sec. 35. Grounds for discipline.
16 (a) The Department may refuse to issue or renew, or may
17 revoke, suspend, place on probation, reprimand, or take other
18 disciplinary action with regard to any license issued under
19 this Act as the Department may consider proper, including the
20 imposition of fines not to exceed $5,000 for each violation,
21 for any one or combination of the following causes:
22 (1) Material misstatement in furnishing information
23 to the Department.
24 (2) Violations of this Act or its rules.
25 (3) Conviction of any felony under the laws of any
26 U.S. jurisdiction, any misdemeanor an essential element
27 of which is dishonesty, or any crime that is directly
28 related to the practice of the profession.
29 (4) Making any misrepresentation for the purpose of
30 obtaining a certificate of registration.
31 (5) Professional incompetence.
32 (6) Aiding or assisting another person in violating
33 any provision of this Act or its rules.
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1 (7) Failing to provide information within 60 days
2 in response to a written request made by the Department.
3 (8) Engaging in dishonorable, unethical, or
4 unprofessional conduct of a character likely to deceive,
5 defraud, or harm the public as defined by rules of the
6 Department.
7 (9) Habitual or excessive use or addiction to
8 alcohol, narcotics, stimulants, or any other chemical
9 agent or drug that results in an environmental health
10 practitioner's inability to practice with reasonable
11 judgment, skill, or safety.
12 (10) Discipline by another U.S. jurisdiction or
13 foreign nation, if at least one of the grounds for a
14 discipline is the same or substantially equivalent to
15 those set forth in this Act.
16 (11) A finding by the Department that the
17 registrant, after having his or her license placed on
18 probationary status, has violated the terms of probation.
19 (12) Willfully making or filing false records or
20 reports in his or her practice, including, but not
21 limited to, false records filed with State agencies or
22 departments.
23 (13) Physical illness, including, but not limited
24 to, deterioration through the aging process or loss of
25 motor skills that result in the inability to practice the
26 profession with reasonable judgment, skill, or safety.
27 (14) Failure to comply with rules promulgated by
28 the Illinois Department of Public Health or other State
29 agencies related to the practice of environmental health.
30 (15) The Department shall deny any application for
31 a license or renewal of a license under this Act, without
32 hearing, to a person who has defaulted on an educational
33 loan guaranteed by the Illinois Student Assistance
34 Commission; however, the Department may issue a license
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1 or renewal of a license if the person in default has
2 established a satisfactory repayment record as determined
3 by the Illinois Student Assistance Commission.
4 (16) Solicitation of professional services by using
5 false or misleading advertising.
6 (17) A finding that the license has been applied
7 for or obtained by fraudulent means.
8 (18) Practicing or attempting to practice under a
9 name other than the full name as shown on the license or
10 any other legally authorized name.
11 (19) Gross overcharging for professional services
12 including filing statements for collection of fees or
13 moneys for which services are not rendered.
14 (b) The Department may refuse to issue or may suspend
15 the license of any person who fails to (i) file a return,
16 (ii) pay the tax, penalty, or interest shown in a filed
17 return; or (iii) pay any final assessment of the tax,
18 penalty, or interest as required by any tax Act administered
19 by the Illinois Department of Revenue until the requirements
20 of the tax Act are satisfied.
21 (c) The determination by a circuit court that a licensee
22 is subject to involuntary admission or judicial admission to
23 a mental health facility as provided in the Mental Health and
24 Developmental Disabilities Code operates as an automatic
25 suspension. The suspension may end only upon a finding by a
26 court that the licensee is no longer subject to involuntary
27 admission or judicial admission, the issuance of an order so
28 finding and discharging the patient, and the recommendation
29 of the Board to the Director that the licensee be allowed to
30 resume practice.
31 (d) In enforcing this Section, the Department, upon a
32 showing of a possible violation, may compel any person
33 licensed to practice under this Act or who has applied for
34 licensure or certification pursuant to this Act to submit to
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1 a mental or physical examination, or both, as required by and
2 at the expense of the Department. The examining physicians
3 shall be those specifically designated by the Department. The
4 Department may order the examining physician to present
5 testimony concerning this mental or physical examination of
6 the licensee or applicant. No information shall be excluded
7 by reason of any common law or statutory privilege relating
8 to communications between the licensee or applicant and the
9 examining physician. The person to be examined may have, at
10 his or her own expense, another physician of his or her
11 choice present during all aspects of the examination. Failure
12 of any person to submit to a mental or physical examination,
13 when directed, shall be grounds for suspension of a license
14 until the person submits to the examination if the Department
15 finds, after notice and hearing, that the refusal to submit
16 to the examination was without reasonable cause.
17 If the Department finds an individual unable to practice
18 because of the reasons set forth in this Section, the
19 Department may require that individual to submit to care,
20 counseling, or treatment by physicians approved or designated
21 by the Department, as a condition, term, or restriction for
22 continued, reinstated, or renewed licensure to practice or,
23 in lieu of care, counseling, or treatment, the Department may
24 file a complaint to immediately suspend, revoke, or otherwise
25 discipline the license of the individual.
26 Any person whose license was granted, continued,
27 reinstated, renewed, disciplined, or supervised subject to
28 such terms, conditions, or restrictions and who fails to
29 comply with such terms, conditions, or restrictions shall be
30 referred to the Director for a determination as to whether
31 the person shall have his or her license suspended
32 immediately, pending a hearing by the Department.
33 In instances in which the Director immediately suspends a
34 person's license under this Section, a hearing on that
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1 person's license must be convened by the Department within 15
2 days after the suspension and completed without appreciable
3 delay. The Department shall have the authority to review the
4 subject person's record of treatment and counseling regarding
5 the impairment, to the extent permitted by applicable federal
6 statutes and regulations safeguarding the confidentiality of
7 medical records.
8 A person licensed under this Act and affected under this
9 Section shall be afforded an opportunity to demonstrate to
10 the Department that he or she can resume practice in
11 compliance with acceptable and prevailing standards under the
12 provisions of his or her license.
13 (Source: P.A. 89-61, eff. 6-30-95.)
14 (225 ILCS 37/50)
15 (Section scheduled to be repealed on December 31, 2002)
16 Sec. 50. Use of title. Only a person who has qualified
17 as a licensed environmental health practitioner and who is
18 currently licensed by the State has the right and privilege
19 of using the title "Environmental Health Practitioner",
20 "Licensed Environmental Health Practitioner", or the initials
21 "L.E.H.P." after his or her name. Only a person who has
22 qualified as a licensed environmental health practitioner in
23 training and who is currently licensed by the State has the
24 right and privilege of using the title "environmental health
25 practitioner in training", "licensed environmental health
26 practitioner in training", or "L.E.H.P. in training" after
27 his or her name.
28 (Source: P.A. 89-61, eff. 6-30-95.)
29 (225 ILCS 37/56 new)
30 (Section scheduled to be repealed December 31, 2002)
31 Sec. 56. Unlicensed practice; violation; civil penalty.
32 (a) Any person who practices, offers to practice,
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1 attempts to practice, or holds himself or herself out to
2 practice environmental health without being licensed under
3 this Act shall, in addition to any other penalty provided by
4 law, pay a civil penalty to the Department in an amount not
5 to exceed $5,000 for each offense as determined by the
6 Department. The civil penalty shall be assessed by the
7 Department after a hearing is held in accordance with the
8 provisions set forth in this Act regarding the provision of a
9 hearing for the discipline of a licensee.
10 (b) The Department has the authority and power to
11 investigate any and all unlicensed activity.
12 (c) The civil penalty shall be paid within 60 days after
13 the effective date of the order imposing the civil penalty.
14 The order shall constitute a judgment and may be filed and
15 execution had thereon in the same manner as any judgment from
16 any court of record.
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.".