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Public Act 91-0580
SB124 Enrolled LRB9102224ACdv
AN ACT concerning the regulation of perfusionists.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Perfusionist Practice Act.
Section 5. Objects and purposes. Practice as a
perfusionist in the State of Illinois is declared to affect
the public health, safety, and welfare and to be subject to
regulation and control in the public interest. The purpose
and legislative intent of this Act is to encourage and
promote the more effective utilization of the skills of
physicians by enabling them to delegate certain health
related procedures to perfusionists when the delegation is
consistent with the health and welfare of the patient and is
conducted at the direction of and under the responsible
supervision of the physician.
It is further declared to be a matter of public health
and concern that the practice as a perfusionist merit and
receive the confidence of the public and, therefore, that
only qualified persons be authorized to practice as
perfusionists in the State of Illinois. This Act shall be
liberally construed to best carry out these subjects and
purposes.
Section 10. Definitions. As used in this Act:
"Board" means the Board of Perfusion.
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
"Extracorporeal circulation" means the diversion of a
patient's blood through a heart-lung machine or a similar
device that assumes the functions of the patient's heart,
lungs, kidney, liver, or other organs.
"New graduate perfusionist" means a perfusionist
practicing within a period of one year since the date of
graduation from a Commission on Accreditation of Allied
Health Education Programs accredited perfusion education
program.
"Perfusion" means the functions necessary for the
support, treatment, measurement, or supplementation of the
cardiovascular systems or other organs, or a combination of
those functions, and to ensure the safe management of
physiologic functions by monitoring and analyzing the
parameters of the systems under an order and under the
supervision of a physician licensed to practice medicine in
all its branches.
"Perfusionist" means a person, qualified by academic and
clinical education, to operate the extracorporeal circulation
equipment during any medical situation where it is necessary
to support or replace a person's cardiopulmonary,
circulatory, or respiratory function. A perfusionist is
responsible for the selection of appropriate equipment and
techniques necessary for support, treatment, measurement, or
supplementation of the cardiopulmonary and circulatory system
of a patient, including the safe monitoring, analysis, and
treatment of physiologic conditions under an order and under
the supervision of a physician licensed to practice medicine
in all its branches and in coordination with a registered
professional nurse.
"Perfusion protocols" means perfusion related policies
and protocols developed or approved by a licensed health
facility or a physician through collaboration with
administrators, licensed perfusionists, and other health care
professionals.
"Physician" or "operating physician" means a person
licensed to practice medicine in all of its branches under
the Medical Practice Act of 1987.
Section 15. Powers and duties of the Department.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for
the administration of licensing Acts and shall exercise any
other powers and duties necessary for effectuating the
purposes of this Act.
(b) The Department may adopt rules consistent with the
provisions of this Act for its administration and enforcement
and may prescribe forms that shall be issued in connection
with this Act. The rules may include but are not limited to
standards and criteria for licensure, professional conduct,
and discipline.
Section 20. Illinois Administrative Procedure Act; rules.
(a) The Illinois Administrative Procedure Act is
expressly adopted and incorporated in this Act as if all of
the provisions of the Illinois Administrative Procedure Act
were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois
Administrative Procedure Act that provides that at hearings
the licensee has the right to show compliance with all lawful
requirements for retention, continuation, or renewal of the
license is specifically excluded. For purposes of this Act,
the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
to the last known address of a party.
(b) The Director may promulgate rules for the
administration and enforcement of this Act and may prescribe
forms to be issued in connection with this Act.
Section 25. Board of Perfusion. The Director shall
appoint a Board of Perfusion to consist of 5 persons who
shall be appointed by and shall serve in an advisory capacity
to the Director. Two members must hold an active license to
engage in the practice of perfusion in this State, one member
must be a physician licensed under the Medical Practice Act
of 1987 who is board certified in and actively engaged in the
practice of cardiothoracic surgery, one member must be a
licensed registered professional nurse certified by the
Association of Operating Room Nurses, and one member must be
a member of the public who is not licensed under this Act or
a similar Act of another jurisdiction and who has no
connection with the profession. The initial appointees who
would otherwise be required to be licensed perfusionists
shall instead be individuals who have been practicing
perfusion for at least 5 years and who are eligible under
this Act for licensure as perfusionists.
Members shall serve 4-year terms and until their
successors are appointed and qualified, except that, of the
initial appointments, 2 members shall be appointed to serve
for 2 years, 2 members shall be appointed to serve for 3
years, and 1 member shall be appointed to serve for 4 years,
and until their successors are 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 8 consecutive 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.
The Board shall annually elect a chairperson and a
vice-chairperson who shall preside in the absence of the
chairperson. The membership of the Board should reasonably
reflect representation from the various geographic areas in
this State. The Director may terminate the appointment of
any member for cause. The Director may give due
consideration to all recommendations of the Board. A
majority of the Board members currently appointed shall
constitute a quorum. A vacancy in the membership of the
Board shall not impair the right of a quorum to exercise the
rights and perform all the duties of the Board. Members of
the Board shall have no liability in any action based upon
any disciplinary proceeding or other activity performed in
good faith as a member of the Board.
Section 30. Application for licensure. An application
for an initial license shall be made to the Department in
writing on forms prescribed by the Department and shall be
accompanied by the required nonrefundable fee. An
application shall require information that, in the judgment
of the Department, will enable the Department to evaluate the
qualifications of an applicant for licensure.
If an applicant fails to obtain a license under this Act
within 3 years after filing his or her application, the
application shall be denied. The applicant may make a new
application, which shall be accompanied by the required
nonrefundable fee. The applicant shall be required to meet
the qualifications required for licensure at the time of
reapplication.
A person shall be qualified for licensure as a
perfusionist if that person:
(1) has applied to the Department for licensure in
accordance with this Section;
(2) has not violated a provision of Section 110 of
this Act; in addition the Department may take into
consideration any felony conviction of the applicant, but
a conviction shall not operate as an absolute bar to
licensure; and
(3) has successfully completed the examination
provided by the American Board of Cardiovascular
Perfusion (ABCP) or its successor agency or a
substantially equivalent examination approved by the
Department;
(4) has met the requirements for certification set
forth by the American Board of Cardiovascular Perfusion
or its successor agency; and
(5) has graduated from a school accredited by the
Commission on the Accreditation of Allied Health
Education Programs (CAAHEP) or a similar accrediting body
approved by the Department.
Section 40. Practice prohibited. No person may use the
title and designation of a "Licensed Perfusionist",
"Certified Perfusionist", "Certified Clinical Perfusionist",
"Perfusionist", or "CCP", either directly or indirectly, in
connection with his or her profession or business, unless he
or she has been issued a valid, existing license as a
perfusionist under this Act.
No person may practice, offer to practice, attempt to
practice, or hold himself or herself out to practice as a
licensed perfusionist without being licensed under this Act.
This does not mean that all of the aspects of practice listed
in Sections 10 and 50 of this Act are practices or skills
only a perfusionist can perform. Other licensed or certified
persons may, if qualified, be allowed to perform some or all
of these practices.
Section 42. Implementation period. The licensure
requirements of Sections 30 and 40 shall not be enforced
until 12 months after the adoption of final administrative
rules.
Section 45. Application of Act. This Act shall not be
construed to prohibit the following:
(1) a person licensed in this State under any other Act
from engaging in the practice for which he or she is
licensed;
(2) a student enrolled in an accredited perfusion
education program from performing perfusion services if
perfusion services performed by the student:
(A) are an integral part of the student's course of
study; and
(B) are performed under the direct supervision of a
licensed perfusionist who is assigned to supervise the
student and who is on duty and immediately available in
the assigned patient care area;
(3) a new graduate from performing perfusion services,
if perfusion services performed by the new graduate
perfusionist:
(A) are necessary to fulfill the eligibility
requirements for the ABCP certification examination
required under subsection (3) of Section 30; and
(B) are performed under the direct supervision and
responsibility of a licensed perfusionist who is assigned
to supervise the graduate perfusionist and who is on duty
and immediately available in the assigned patient care
area;
(4) any legally qualified perfusionist employed by the
United States government from engaging in the practice of
perfusion while in the discharge of his or her official
duties; or
(5) one or more licensed perfusionists from forming a
professional service corporation in accordance with the
Professional Service Corporation Act.
Section 50. Scope of practice. The scope of practice as
a clinical perfusionist includes the following functions:
(1) the use of extracorporeal circulation,
long-term cardiopulmonary support techniques, including
extracorporeal carbon dioxide removal and extracorporeal
membrane oxygenation, and associated therapeutic and
diagnostic techniques;
(2) counterpulsation, ventricular assistance,
autotransfusion, blood conservation techniques,
myocardial and organ preservation, extracorporeal life
support, and isolated limb perfusion;
(3) blood management techniques, advanced life
support, and other related functions; and
(4) in the performance of the acts described in
items (1) through (3) of this Section:
(A) the administration of (i) pharmacological
and therapeutic agents and (ii) blood products or
anesthetic agents through the extracorporeal circuit
or through an intravenous line in conjunction with
extracorporeal support, as ordered by and under the
direct supervision of a physician licensed to
practice medicine in all its branches;
(B) the performance and use of (i)
anticoagulation monitoring and analysis, (ii)
physiologic monitoring and analysis, (iii) blood gas
and chemistry monitoring and analysis, (iv)
hematologic monitoring and analysis, (v)
hypothermia, (vi) hyperthermia, (vii)
hemoconcentration and hemodilution, and (viii)
cardiopulmonary hemodialysis; and
(C) the observation of signs and symptoms
related to perfusion services, the determination of
whether the signs and symptoms exhibit abnormal
characteristics, and the implementation of
appropriate reporting, perfusion protocols or
changes in or the initiation of emergency
procedures.
Section 60. Display of license; change of address.
(a) The Department shall issue a perfusionist license
to a person meeting the application and qualification
requirements of Section 30 of this Act. However, a person is
eligible for one year from the effective date of this Act to
make application to the Board and receives a license
notwithstanding the requirements of Section 30 of this Act if
the person is actively engaged in the practice of perfusion
consistent with applicable law and if the person has at least
5 years experience operating cardiopulmonary bypass systems
during cardiac surgical cases in a licensed health care
facility as the person's primary function between January 1,
1991 and the effective date of this Act.
(b) A licensee shall maintain on file at all times
during which the licensee provides services in a health care
facility a true and correct copy of the license certificate
in the appropriate records of the facility.
Section 65. Licensure by endorsement. The Department
may, in its discretion, license as a perfusionist, without
examination and on payment of the required fee, an applicant
who (1) is licensed as a perfusionist under the laws of
another state, territory, or country, if the requirements for
licensure in that state, territory, or country in which the
applicant was licensed were, at the date of his or her
licensure, substantially equal to the requirements in force
in this State on that date or (2) holds a current certificate
as a certified clinical perfusionist issued by the American
Board of Cardiovascular Perfusion (ABCP), or its successor
organization, prior to January 1, 1999.
Section 70. Renewal, reinstatement or restoration of
license; continuing education; military service. The
expiration date and renewal period for each license issued
under this Act shall be set by the Department by rule.
Renewal shall be conditioned on paying the required fee and
meeting other requirements as may be established by rule.
A licensee who has permitted his or her license to
expire or who has had his or her license on inactive
status may have the license restored by making
application to the Department, by filing proof acceptable to
the Department of his or her fitness to have the license
restored, and by paying the required fees. Proof of fitness
may include sworn evidence certifying to active lawful
practice in another jurisdiction.
If the licensee has not maintained an active practice
in another jurisdiction satisfactory to the Department,
the Department shall determine, by an evaluation program
established by rule, his or her fitness for
restoration of the license and shall establish procedures and
requirements for restoration. However, a licensee whose
license expired while he or she was (1) in federal
service on active duty with the Armed Forces of the United
States or the State Militia called into service or
training or (2) in training or education under the
supervision of the United States before induction into
the military service, may have the license restored without
paying any lapsed renewal fees if within 2 years after
honorable termination of the service, training, or
education he or she furnishes the Department with
satisfactory evidence to the effect that he or she has
been so engaged and that his or her service, training, or
education has been so terminated.
Section 80. Inactive status. A licensee who notifies
the Department in writing on forms prescribed by the
Department may elect to place his or her license on an
inactive status and shall, subject to rules of the
Department, be excused from payment of renewal fees until he
or she notifies the Department in writing of his or her
intention to restore the license. A licensee requesting
restoration from inactive status shall pay the current
renewal fee and shall restore his or her license in
accordance with Section 70 of this Act. A licensee whose
license is on inactive status shall not practice as a
perfusionist in this State. A licensee who engages in
practice as a perfusionist while his or her license is lapsed
or on inactive status shall be considered to be practicing
without a license, which shall be grounds for discipline
under Section 105 of this Act.
Section 90. Fees; returned checks.
(a) The Department shall set by rule fees for the
administration of this Act, including but not limited to fees
for initial and renewal licensure and restoration of a
license.
(b) All of the fees collected under this Act shall be
deposited into the General Professions Dedicated Fund. The
monies deposited into the Fund shall be appropriated to the
Department for expenses of the Department in the
administration of this Act.
(c) A 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. If the check or other payment was
for a renewal or issuance fee and that person practices
without paying the renewal fee or issuance fee and the fine
due, an additional fine of $100 shall be imposed. 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 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 deny the
application without a hearing. If the person seeks a license
after termination or denial, he or she shall apply to the
Department for restoration or issuance of the license 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 to defray the expenses of processing
the application. The Director may waive the fines due under
this Section in individual cases if the Director finds that
the fines would be unreasonable or unnecessarily burdensome.
Section 95. Roster. The Department shall maintain a
roster of the names and addresses of all licensees and of all
persons whose licenses have been disciplined. This roster
shall be available upon written request and payment of the
required fee.
Section 100. Unlicensed practice; civil penalty. A
person who practices, offers to practice, attempts to
practice, or holds himself or herself out to practice as a
licensed perfusionist without being licensed under this Act
shall, in addition to any other penalty provided by law, pay
a civil penalty to the Department in an amount not to exceed
$5,000 for each offense as determined by the Department. The
civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth
in this Act regarding the provision of a hearing for the
discipline of a licensee.
Section 105. Grounds for disciplinary action.
(a) The Department may refuse to issue, renew, or
restore a license, may revoke or suspend a license, or may
place on probation, censure, reprimand, or take other
disciplinary action with regard to a person licensed under
this Act, including but not limited to the imposition of
fines not to exceed $5,000 for each violation, for any one or
combination of the following causes:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violating a provision of this Act or its rules.
(3) Conviction under the laws of a United States
jurisdiction of a crime that is a felony or a
misdemeanor, an essential element of which is dishonesty,
or of a crime that is directly related to the practice as
a perfusionist.
(4) Making a misrepresentation for the purpose of
obtaining, renewing, or restoring a license.
(5) Wilfully aiding or assisting another person in
violating a provision of this Act or its rules.
(6) Failing to provide information within 60 days
in response to a written request made by the Department.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule of the
Department.
(8) Discipline by another United States
jurisdiction or foreign nation, if at least one of the
grounds for discipline is the same or substantially
equivalent to those set forth in this Section.
(9) Directly or indirectly giving to or receiving
from a person, firm, corporation, partnership, or
association a fee, commission, rebate, or other form of
compensation for professional services not actually or
personally rendered.
(10) A finding by the Board that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(11) Wilfully making or filing false records or
reports in his or her practice, including but not limited
to false records or reports filed with State agencies.
(12) Wilfully making or signing a false statement,
certificate, or affidavit to induce payment.
(13) Wilfully failing to report an instance of
suspected child abuse or neglect as required under the
Abused and Neglected Child Reporting Act.
(14) 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.
(15) Employment of fraud, deception, or any
unlawful means in applying for or securing a license as a
perfusionist.
(16) Allowing another person to use his or her
license to practice.
(17) Failure to report to the Department (A) any
adverse final action taken against the licensee by
another licensing jurisdiction, government agency, law
enforcement agency, or any court or (B) liability for
conduct that would constitute grounds for action as set
forth in this Section.
(18) Habitual intoxication or addiction to the use
of drugs.
(19) Physical illness, including but not limited to
deterioration through the aging process or loss of motor
skills, which results in the inability to practice the
profession for which he or she is licensed with
reasonable judgment, skill, or safety.
(20) Gross malpractice resulting in permanent
injury or death of a patient.
(21) Immoral conduct in the commission of an act
related to the licensee's practice, including but not
limited to sexual abuse, sexual misconduct, or sexual
exploitation.
(22) Violation of the Health Care Worker
Self-Referral Act.
(b) The Department may refuse to issue or may suspend
the license of a person who fails to file a return, to pay
the tax, penalty, or interest shown in a filed return, or to
pay a final assessment of the tax, penalty, or interest as
required by a tax Act administered by the Department of
Revenue, until the requirements of the tax Act are satisfied.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon (1) a finding by a court that the patient is no
longer subject to involuntary admission or judicial
admission, (2) issuance of an order so finding and
discharging the patient, and (3) the recommendation of the
Disciplinary Board to the Director that the licensee be
allowed to resume his or her practice.
Section 110. Injunctions; criminal offenses; cease and
desist order.
(a) If any person violates the provisions of this Act,
the Director may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois or the State's Attorney for any county in which the
action is brought, petition for an order enjoining the
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition in court, the court
may issue a temporary restraining order, without notice or
condition, 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 shall be in addition to, and not in lieu of, all
other remedies and penalties provided by this Act.
(b) Whenever in the opinion of the Department a person
violates a 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 to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.
(c) Other than as provided in Section 45 of this Act, if
any person practices as a perfusionist or holds himself or
herself out as a licensed perfusionist under this Act without
being issued a valid existing license by the Department,
then any licensed perfusionist, any interested party, or any
person injured thereby may, in addition to the Director,
petition for relief as provided in subsection (a) of this
Section.
Section 115. Cease and desist order.
(a) If a person violates a provision of this Act, the
Director, in the name of the People of the State of Illinois
through the Attorney General of the State of Illinois, or the
State's Attorney of a county in which the violation occurs,
may petition for an order enjoining the violation or for an
order enforcing compliance with this Act. Upon the filing of
a verified petition in court, the court may issue a temporary
restraining order without notice or bond and may
preliminarily and permanently enjoin the violation. If it is
established that the licensee has violated or is violating
the injunction, the court may punish the offender for
contempt of court. Proceedings under this Section shall be
in addition to, and not in lieu of, all other remedies and
penalties provided by this Act.
(b) If a person practices as a perfusionist or holds
himself or herself out as a perfusionist without being
licensed under this Act, then any licensee under this Act,
interested party, or person injured thereby, in addition to
the Director or State's Attorney, may petition for relief as
provided in subsection (a) of this Section.
(c) If the Department determines that a person violated
a 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 him or her. The rule shall clearly set forth
the grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer
to the satisfaction of the Department. Failure to answer to
the satisfaction of the Department shall cause an order to
cease and desist to be issued immediately.
Section 120. Investigation; notice; hearing. Licenses
may be refused, revoked, suspended, or otherwise disciplined
in the manner provided by this Act and not otherwise. The
Department may upon its own motion and shall upon the
verified complaint in writing of any person setting forth
facts that if proven would constitute grounds for refusal to
issue or for suspension or revocation under this Act,
investigate the actions of a person applying for, holding, or
claiming to hold a license. The Department shall, before
refusing to issue or renew, suspending, or revoking a license
or taking other discipline pursuant to Section 105 of this
Act, and at least 30 days prior to the date set for the
hearing, notify in writing the applicant or licensee of any
charges made, shall afford the applicant or licensee an
opportunity to be heard in person or by counsel in reference
to the charges, and direct the applicant or licensee to file
a written answer to the Department under oath within 20 days
after the service of the notice and inform the applicant or
licensee that failure to file an answer will result in
default being taken against the applicant or licensee and
that the license may be suspended, revoked, placed on
probationary status, or other disciplinary action may be
taken, including limiting the scope, nature, or extent of
practice, as the Director may deem proper. Written notice
may be served by personal delivery to the applicant or
licensee or by mailing the notice by certified mail to his or
her last known place of residence or to the place of business
last specified by the applicant or licensee in his or her
last notification to the Department. If the person fails to
file an answer after receiving notice, his or her license
may, in the discretion of the Department, be suspended,
revoked, or placed on probationary status or the Department
may take whatever disciplinary action deemed 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 such action under this Act. At the time and
place fixed in the notice, the Department shall proceed to a
hearing of the charges and both the applicant or licensee and
the complainant shall be afforded ample opportunity to
present, in person or by counsel, any statements, testimony,
evidence, and arguments that may be pertinent to the charges
or to their defense. The Department may continue a hearing
from time to time. If the Board is not sitting at the time
and place fixed in the notice or at the time and place to
which the hearing shall have been continued, the Department
may continue the hearing for a period not to exceed 30 days.
Section 125. Record of proceedings. The Department, at
its expense, shall preserve a record of all proceedings at a
formal hearing conducted pursuant to Section 120 of this Act.
The notice of hearing, complaint, and all other documents in
the nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the
Board or hearing officer, and orders of the Department shall
be the record of the proceeding. The Department shall supply
a transcript of the record to a person interested in the
hearing on payment of the fee required under Section 60f of
the Civil Administrative Code of Illinois.
Section 130. Order for production of documents. A
circuit court may, upon application of the Department or its
designee, or of the applicant or licensee against whom
proceedings pursuant to Section 120 of this Act are pending,
enter an order requiring the attendance of witnesses and
their testimony and the production of documents, papers,
files, books, and records in connection with a hearing or
investigation authorized by this Act. The court may compel
obedience to its order through contempt proceedings.
Section 140. Subpoena; oaths. The Department has the
power to subpoena and bring before it any person in this
State and to take testimony orally or by deposition, with the
same fees and mileage and in the same manner as prescribed by
law in judicial proceedings in civil cases in circuit courts
of this State. The Director and any Disciplinary Board member
designated by the Director shall each have the authority to
administer, at any hearing that the Department is authorized
to conduct under this Act, oaths to witnesses and any other
oaths authorized to be administered by the Department under
this Act.
Section 145. Findings of fact. At the conclusion of the
hearing, the Board shall present to the Director a written
report of its findings of fact, conclusions of law, and
recommendations. In the report, the Board shall make a
finding of whether or not the charged licensee or applicant
violated a provision of this Act or its rules and shall
specify the nature of the violation. In making its
recommendations for discipline, the Board may take into
consideration all facts and circumstances bearing upon the
reasonableness of the conduct of the respondent and the
potential for future harm to the public, including but not
limited to previous discipline of that respondent by the
Department, intent, degree of harm to the public and
likelihood of harm in the future, any restitution made, and
whether the incident or incidents complained of appear to be
isolated or a pattern of conduct. In making its
recommendations for discipline, the Board shall seek to
ensure that the severity of the discipline recommended bears
some reasonable relationship to the severity of the
violation.
Section 150. Service of report; rehearing. In a case
involving the refusal to issue or renew a license or the
discipline of a licensee, a copy of the Board's report shall
be served upon the respondent by the Department, either
personally or as provided under Section 120 of this Act for
the service of the notice of hearing. Within 20 days after
the service, the respondent may present to the Department a
motion in writing for a rehearing, which shall specify the
particular grounds for a rehearing. If no motion for
rehearing is filed, then upon the expiration of the time
specified for filing the motion, or if a motion for rehearing
is denied, then upon the denial the Director may enter an
order in accordance with recommendations of the Board, except
as provided in Section 160 or 165 of this Act. If the
respondent orders a transcript of the record from the
reporting service and pays for the transcript within the time
for filing a motion for rehearing, the 20-day period within
which such a motion may be filed shall commence upon the
delivery of the transcript to the respondent.
Section 160. Order of Director.
(a) The Director shall issue an order concerning the
disposition of the charges (i) following the expiration of
the filing period granted under Section 155 of this Act if no
motion for rehearing is filed or (ii) following a denial of a
timely motion for rehearing.
(b) The Director's order shall be based on the
recommendations contained in the Board's report unless, after
giving due consideration to the Board's report, the Director
disagrees in any regard with the report of the Board, in
which case he or she may issue an order in contravention of
the report. The Director shall provide a written report to
the Board on any deviation from the Board's report and shall
specify with particularity the reasons for his or her
deviation in the final order. The Board's report and
Director's order are not admissible in evidence against the
person in a criminal prosecution brought for a violation of
this Act, but the hearing, report, and order are not a bar to
a criminal prosecution brought for the violation of this Act.
Section 170. Hearing officer. Notwithstanding the
provisions of Section 120 of this Act, the Director shall
have the authority to appoint an attorney licensed to
practice law in this State to serve as the hearing officer in
a hearing authorized under Section 120 of this Act. The
Director shall notify the Board of an appointment. The
hearing officer shall have full authority to conduct the
hearing. The Board has the right to have at least one member
present at a hearing conducted by a hearing officer appointed
under this Section. The hearing officer shall report his or
her findings of fact, conclusions of law, and recommendations
to the Board and the Director. The Board shall have 60 days
from receipt of the report to review the report of the
hearing officer and to present its findings of fact,
conclusions of law, and recommendations to the Director. If
the Board fails to present its report within the 60-day
period, the Director shall issue an order based on the report
of the hearing officer. If the Director disagrees in any
regard with the report of the Board or hearing officer, he or
she may issue an order in contravention of the report. The
Director shall provide a written explanation to the Board on
a deviation from the Board's report and shall specify with
particularity the reasons for his or her deviation in the
final order.
Section 175. Rehearing on order of Director. Whenever the
Director is not satisfied that substantial justice has been
achieved in the discipline of a licensee, the Director may
order a rehearing by the same or another hearing officer or
by the Board.
Section 180. Order; prima facie proof. An order or a
certified copy of an order, over the seal of the Department
and purporting to be signed by the Director, shall be prima
facie proof that:
(1) the signature is the genuine signature of the
Director;
(2) the Director is duly appointed and qualified;
and
(3) the Board and its members are qualified to act.
Section 185. Restoration of license. At any time after
the suspension or revocation of a license, the Department may
restore it to the licensee unless, after an investigation and
a hearing, the Department determines that restoration is not
in the public interest. Where circumstances of suspension or
revocation so indicate, or on the recommendation of the
Board, the Department may require an examination of the
licensee before restoring his or her license.
Section 190. Surrender of license. Upon the revocation or
suspension of a license, the licensee shall immediately
surrender the license to the Department. If the licensee
fails to do so, the Department shall have the right to seize
the license.
Section 200. Temporary suspension. The Director may
temporarily suspend the license of a perfusionist without a
hearing, simultaneously with the institution of proceedings
for a hearing provided for in Section 120 of this Act, if the
Director finds that evidence in his or her possession
indicates that continuation in practice would constitute an
imminent danger to the public. If the Director temporarily
suspends a license without a hearing, a hearing by the
Department shall be held within 30 days after the suspension
has occurred and shall be concluded without appreciable
delay.
Section 205. Certificate of record. The Department shall
not be required to certify any record to a court or file an
answer in court or otherwise appear in a court in a judicial
review proceeding unless 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.
Failure on the part of the plaintiff to file a receipt in
court shall be grounds for dismissal of the action.
Section 210. Administrative Review Law. All final
administrative decisions of the Department are subject to
judicial review under 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 seeking review resides. If the
party seeking review is not a resident of this State, venue
shall be in Sangamon County.
Section 215. Criminal penalties. A person who is found
to have knowingly violated Section 10-5 or subsection (a)
of Section 220 of this Act is guilty of a Class A misdemeanor
for a first offense and is guilty of a Class 4 felony for a
second or subsequent offense.
Section 220. Unlicensed practice; civil penalties.
(a) No person shall practice, offer to practice, attempt
to practice, or hold himself or herself out to practice as a
perfusionist without a license issued by the Department to
that person under this Act.
(b) In addition to any other penalty provided by law, a
person who violates subsection (a) of this Section shall pay
a civil penalty to the Department in an amount not to exceed
$5,000 for each offense as determined by the Department.
The civil penalty shall be assessed by the Department
after a hearing is held in accordance with the provisions
set forth in this Act regarding a hearing for the
discipline of a licensee.
(c) The Department has the authority and power to
investigate any and all unlicensed activity.
(d) The civil penalty assessed under this Act shall be
paid within 60 days after the effective date of the order
imposing the civil penalty. The order shall constitute a
judgment and may be filed and execution had on the judgment
in the same manner as a judgment from a court of record.
Section 225. Deposit of moneys. All moneys collected by
the Department under this Act shall be deposited into the
General Professions Dedicated Fund in the State Treasury and
shall be used for administration of this Act.
Section 230. Home rule powers. The regulation and
licensing of perfusionists are exclusive powers and functions
of the State. A home rule unit shall not regulate or
license perfusionists. This Section is a limitation under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
Section 950. The Regulatory Sunset Act is amended by
adding Section 4.20 as follows:
(5 ILCS 80/4.20 new)
Sec. 4.20. Act repealed on January 1, 2010. The
following Act is repealed on January 1, 2010:
The Perfusionist Practice Act.
Section 999. Effective date. This Act takes effect
January 1, 2000.
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