100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2618

 

Introduced 2/7/2018, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Extends the repeal date of the Environmental Health Practitioner Licensing Act from January 1, 2019 to January 1, 2029. Amends the Environmental Health Practitioner Licensing Act. Provides that applicants and licensees shall provide the Department of Financial and Professional Regulation with a valid address and email address and inform the Department of any changes within 14 days. Makes changes to the grounds by which the Department may refuse to issue, renew, revoke, suspend, or discipline a license because of the applicant's or licensee's criminal history. Removes duplicate provisions concerning record of proceedings. Adds provisions concerning confidentiality of a complaint against a licensee. Replaces "Director" with "Secretary" in order to update references to the Secretary of Financial and Professional Regulation. Makes other changes. Effective immediately.


LRB100 16352 SMS 31478 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2618LRB100 16352 SMS 31478 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.29 and adding Section 4.39 as follows:
 
6    (5 ILCS 80/4.29)
7    Sec. 4.29. Acts repealed on January 1, 2019 and December
831, 2019.
9    (a) The following Act is repealed on January 1, 2019:
10        The Environmental Health Practitioner Licensing Act.
11    (b) The following Acts are repealed on December 31, 2019:
12        The Medical Practice Act of 1987.
13        The Structural Pest Control Act.
14(Source: P.A. 100-429, eff. 8-25-17.)
 
15    (5 ILCS 80/4.39 new)
16    Sec. 4.39. Act repealed on January 1, 2029. The following
17Act is repealed on January 1, 2029:
18    The Environmental Health Practitioner Licensing Act.
 
19    Section 10. The Environmental Health Practitioner
20Licensing Act is amended by changing Sections 10, 18, 19, 31,
2135, 60, 65, 70, 75, 80, 85, 90, 95, 100, 105, 115, 125, and 130

 

 

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1and by adding Sections 11 and 123 as follows:
 
2    (225 ILCS 37/10)
3    (Section scheduled to be repealed on January 1, 2019)
4    Sec. 10. Definitions. As used in this Act:
5    "Address of record" means the designated address recorded
6by the Department in the applicant's application file or the
7licensee's license file maintained by the Department's
8licensure maintenance unit.
9    "Board" means the Board of Environmental Health
10Practitioners as created in this Act.
11    "Department" means the Department of Financial and
12Professional Regulation.
13    "Director" means the Director of Professional Regulation.
14    "Email address of record" means the designated email
15address recorded by the Department in the applicant's
16application file or the licensee's license file maintained by
17the Department's licensure maintenance unit.
18    "Environmental health inspector" means an individual who,
19in support of and under the general supervision of a licensed
20environmental health practitioner or licensed professional
21engineer, practices environmental health and meets the
22educational qualifications of an environmental health
23inspector.
24    "Environmental health practice" is the practice of
25environmental health by licensed environmental health

 

 

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1practitioners within the meaning of this Act and includes, but
2is not limited to, the following areas of professional
3activities: milk and food sanitation; protection and
4regulation of private water supplies; private waste water
5management; domestic solid waste disposal practices;
6institutional health and safety; and consultation and
7education in these fields.
8    "Environmental health practitioner in training" means a
9person licensed under this Act who meets the educational
10qualifications of a licensed environmental health practitioner
11and practices environmental health in support of and under the
12general supervision of a licensed environmental health
13practitioner or licensed professional engineer, but has not
14passed the licensed environmental health practitioner
15examination administered by the Department.
16    "License" means the authorization issued by the Department
17permitting the person named on the authorization to practice
18environmental health as defined in this Act.
19    "Licensed environmental health practitioner" is a person
20who, by virtue of education and experience in the physical,
21chemical, biological, and environmental health sciences, is
22especially trained to organize, implement, and manage
23environmental health programs, trained to carry out education
24and enforcement activities for the promotion and protection of
25the public health and environment, and is licensed as an
26environmental health practitioner under this Act.

 

 

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1    "Secretary" means the Secretary of Financial and
2Professional Regulation.
3(Source: P.A. 100-201, eff. 8-18-17.)
 
4    (225 ILCS 37/11 new)
5    Sec. 11. Address of record; email address of record. All
6applicants and licensees shall:
7        (1) provide a valid address and email address to the
8    Department, which shall serve as the address of record and
9    email address of record, respectively, at the time of
10    application for licensure or renewal of a license; and
11        (2) inform the Department of any change of address of
12    record or email address of record within 14 days after such
13    change either through the Department's website or by
14    contacting the Department's licensure maintenance unit.
 
15    (225 ILCS 37/18)
16    (Section scheduled to be repealed on January 1, 2019)
17    Sec. 18. Board of Environmental Health Practitioners. The
18Board of Environmental Health Practitioners is created and
19shall exercise its duties as provided in this Act. The Board
20shall consist of 5 members appointed by the Secretary Director.
21Of the 5 members, 3 shall be environmental health
22practitioners, one a Public Health Administrator who meets the
23minimum qualifications for public health personnel employed by
24full time local health departments as prescribed by the

 

 

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1Illinois Department of Public Health and is actively engaged in
2the administration of a local health department within this
3State, and one member of the general public. In making the
4appointments to the Board, the Secretary Director shall
5consider the recommendations of related professional and trade
6associations including the Illinois Environmental Health
7Association and the Illinois Public Health Association and of
8the Director of Public Health. Each of the environmental health
9practitioners shall have at least 5 years of full time
10employment in the field of environmental health practice before
11the date of appointment. Each appointee filling the seat of an
12environmental health practitioner appointed to the Board must
13be licensed under this Act.
14    The membership of the Board shall reasonably reflect
15representation from the various geographic areas of the State.
16    A vacancy in the membership of the Board shall not impair
17the right of a quorum to exercise all the rights and perform
18all the duties of the Board.
19    The members of the Board are entitled to receive
20reimbursement for as compensation a reasonable sum as
21determined by the Director for each day actually engaged in the
22duties of the office and all legitimate and necessary expenses
23incurred in attending the meetings of the Board.
24    A member Members of the Board shall have no liability be
25immune from suit in any action based upon any disciplinary
26proceedings or other activity activities performed in good

 

 

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1faith as a member members of the Board.
2    The Secretary Director may remove any member of the Board
3for any cause that, in the opinion of the Secretary Director,
4reasonably justifies termination.
5(Source: P.A. 91-724, eff. 6-2-00; 91-798, eff. 7-9-00; 92-837,
6eff. 8-22-02.)
 
7    (225 ILCS 37/19)
8    (Section scheduled to be repealed on January 1, 2019)
9    Sec. 19. Requirements of approval by Board of Environmental
10Health Practitioners. The Secretary Director may consider the
11recommendations of the Board in establishing guidelines for
12professional conduct, for the conduct of formal disciplinary
13proceedings brought under this Act, and for establishing
14guidelines for qualifications and examinations of applicants.
15Notice of proposed rulemaking shall be transmitted to the
16Board. The Department shall review the response of the Board
17and its recommendations. The Department, at any time, may seek
18the expert advice and knowledge of the Board on any matter
19relating to the administration or enforcement of this Act.
20(Source: P.A. 89-61, eff. 6-30-95.)
 
21    (225 ILCS 37/31)
22    (Section scheduled to be repealed on January 1, 2019)
23    Sec. 31. Checks or orders dishonored. A person who issues
24or delivers a check or other order to the Department that is

 

 

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1returned to the Department unpaid by the financial institution
2upon which it is drawn shall pay to the Department, in addition
3to the amount already owed to the Department, a fine of $50.
4The fines imposed by this Section are in addition to any other
5discipline provided under this Act prohibiting unlicensed
6practice or practice on a nonrenewed license. The Department
7shall notify the person that payment of fees and fines shall be
8paid to the Department by certified check or money order within
930 calendar days after notification. If, after the expiration
10of 30 days from the date of the notification, the person fails
11to submit the necessary remittance, the Department shall
12automatically terminate the license or certification or deny
13the application, without hearing. If, after termination or
14denial, the person seeks a license or certificate, he or she
15shall apply to the Department for restoration or issuance of a
16license or certificate and pay all fees and fines due to the
17Department. The Department may establish a fee for the
18processing of an application for restoration of a license to
19pay all costs and expenses of processing of this application.
20The Secretary Director may waive the fines due under this
21Section in individual cases where the Secretary Director finds
22that the fines would be unnecessarily burdensome.
23(Source: P.A. 92-146, eff. 1-1-02.)
 
24    (225 ILCS 37/35)
25    (Section scheduled to be repealed on January 1, 2019)

 

 

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1    Sec. 35. Grounds for discipline.
2    (a) The Department may refuse to issue or renew, or may
3revoke, suspend, place on probation, reprimand, or take other
4disciplinary action with regard to any license issued under
5this Act as the Department may consider proper, including the
6imposition of fines not to exceed $5,000 for each violation,
7for any one or combination of the following causes:
8        (1) Material misstatement in furnishing information to
9    the Department.
10        (2) Violations of this Act or its rules.
11        (3) Conviction by plea of guilty or nolo contendere,
12    finding of guilt, jury verdict, or entry of judgment or
13    sentencing, including, but not limited to, convictions,
14    preceding sentences of supervision, conditional discharge,
15    or first offender probation, under the laws of any
16    jurisdiction of the United States that is (i) a felony or
17    (ii) a misdemeanor, an essential element of which is
18    dishonesty, or that is directly related to the practice of
19    the profession. Conviction of any felony under the laws of
20    any U.S. jurisdiction, any misdemeanor an essential
21    element of which is dishonesty, or any crime that is
22    directly related to the practice of the profession.
23        (4) Making any misrepresentation for the purpose of
24    obtaining a certificate of registration.
25        (5) Professional incompetence.
26        (6) Aiding or assisting another person in violating any

 

 

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1    provision of this Act or its rules.
2        (7) Failing to provide information within 60 days in
3    response to a written request made by the Department.
4        (8) Engaging in dishonorable, unethical, or
5    unprofessional conduct of a character likely to deceive,
6    defraud, or harm the public as defined by rules of the
7    Department.
8        (9) Habitual or excessive use or addiction to alcohol,
9    narcotics, stimulants, or any other chemical agent or drug
10    that results in an environmental health practitioner's
11    inability to practice with reasonable judgment, skill, or
12    safety.
13        (10) Discipline by another U.S. jurisdiction or
14    foreign nation, if at least one of the grounds for a
15    discipline is the same or substantially equivalent to those
16    set forth in this Act.
17        (11) A finding by the Department that the registrant,
18    after having his or her license placed on probationary
19    status, has violated the terms of probation.
20        (12) Willfully making or filing false records or
21    reports in his or her practice, including, but not limited
22    to, false records filed with State agencies or departments.
23        (13) Physical illness, including, but not limited to,
24    deterioration through the aging process or loss of motor
25    skills that result in the inability to practice the
26    profession with reasonable judgment, skill, or safety.

 

 

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1        (14) Failure to comply with rules promulgated by the
2    Illinois Department of Public Health or other State
3    agencies related to the practice of environmental health.
4        (15) The Department shall deny any application for a
5    license or renewal of a license under this Act, without
6    hearing, to a person who has defaulted on an educational
7    loan guaranteed by the Illinois Student Assistance
8    Commission; however, the Department may issue a license or
9    renewal of a license if the person in default has
10    established a satisfactory repayment record as determined
11    by the Illinois Student Assistance Commission.
12        (16) Solicitation of professional services by using
13    false or misleading advertising.
14        (17) A finding that the license has been applied for or
15    obtained by fraudulent means.
16        (18) Practicing or attempting to practice under a name
17    other than the full name as shown on the license or any
18    other legally authorized name.
19        (19) Gross overcharging for professional services
20    including filing statements for collection of fees or
21    moneys for which services are not rendered.
22    (b) The Department may refuse to issue or may suspend the
23license of any person who fails to (i) file a return, (ii) pay
24the tax, penalty, or interest shown in a filed return; or (iii)
25pay any final assessment of the tax, penalty, or interest as
26required by any tax Act administered by the Illinois Department

 

 

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1of Revenue until the requirements of the tax Act are satisfied.
2    (c) The determination by a circuit court that a licensee is
3subject to involuntary admission or judicial admission to a
4mental health facility as provided in the Mental Health and
5Developmental Disabilities Code operates as an automatic
6suspension. The suspension may end only upon a finding by a
7court that the licensee is no longer subject to involuntary
8admission or judicial admission, the issuance of an order so
9finding and discharging the patient, and the recommendation of
10the Board to the Secretary Director that the licensee be
11allowed to resume practice.
12    (d) In enforcing this Section, the Department, upon a
13showing of a possible violation, may compel any person licensed
14to practice under this Act or who has applied for licensure or
15certification pursuant to this Act to submit to a mental or
16physical examination, or both, as required by and at the
17expense of the Department. The examining physicians shall be
18those specifically designated by the Department. The
19Department may order the examining physician to present
20testimony concerning this mental or physical examination of the
21licensee or applicant. No information shall be excluded by
22reason of any common law or statutory privilege relating to
23communications between the licensee or applicant and the
24examining physician. The person to be examined may have, at his
25or her own expense, another physician of his or her choice
26present during all aspects of the examination. Failure of any

 

 

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1person to submit to a mental or physical examination, when
2directed, shall be grounds for suspension of a license until
3the person submits to the examination if the Department finds,
4after notice and hearing, that the refusal to submit to the
5examination was without reasonable cause.
6    If the Department finds an individual unable to practice
7because of the reasons set forth in this Section, the
8Department may require that individual to submit to care,
9counseling, or treatment by physicians approved or designated
10by the Department, as a condition, term, or restriction for
11continued, restored reinstated, or renewed licensure to
12practice or, in lieu of care, counseling, or treatment, the
13Department may file a complaint to immediately suspend, revoke,
14or otherwise discipline the license of the individual.
15    Any person whose license was granted, continued, restored
16reinstated, renewed, disciplined, or supervised subject to
17such terms, conditions, or restrictions and who fails to comply
18with such terms, conditions, or restrictions shall be referred
19to the Secretary Director for a determination as to whether the
20person shall have his or her license suspended immediately,
21pending a hearing by the Department.
22    In instances in which the Secretary Director immediately
23suspends a person's license under this Section, a hearing on
24that person's license must be convened by the Department within
2515 days after the suspension and completed without appreciable
26delay. The Department shall have the authority to review the

 

 

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1subject person's record of treatment and counseling regarding
2the impairment, to the extent permitted by applicable federal
3statutes and regulations safeguarding the confidentiality of
4medical records.
5    A person licensed under this Act and affected under this
6Section shall be afforded an opportunity to demonstrate to the
7Department that he or she can resume practice in compliance
8with acceptable and prevailing standards under the provisions
9of his or her license.
10(Source: P.A. 92-837, eff. 8-22-02.)
 
11    (225 ILCS 37/60)
12    (Section scheduled to be repealed on January 1, 2019)
13    Sec. 60. Violations; injunctions; cease and desist order.
14    (a) If a person violates a provision of this Act, the
15Secretary Director may, in the name of the People of the State
16of Illinois, through the Attorney General of the State of
17Illinois, petition for an order enjoining the violation or for
18any order enforcing compliance with this Act. Upon the filing
19of a verified petition in court, the court may issue a
20temporary restraining order, without notice or bond, and may
21preliminarily and permanently enjoin the violation. If it is
22established that the person has violated or is violating the
23injunction, the Court may punish the offender for contempt of
24court. Proceedings under this Section are in addition to, and
25not in lieu of, all other remedies and penalties provided by

 

 

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1this Act.
2    (b) (Blank). If a person practices as an environmental
3health practitioner or holds himself or herself out as such
4without having a valid license under this Act, then a licensee,
5an interested party, or a person injured thereby may, in
6addition to the Director, petition for relief as provided in
7subsection (a) of this Section.
8    (c) Whenever in the opinion of the Department a person
9violates a provision of this Act, the Department may issue a
10rule to show cause why an order to cease and desist should not
11be entered against him or her. The rule shall clearly set forth
12the grounds relied upon by the Department and shall provide a
13period of 7 days from the date of the rule to file an answer to
14the satisfaction of the Department. Failure to answer to the
15satisfaction of the Department shall cause an order to cease
16and desist to be issued immediately.
17(Source: P.A. 89-61, eff. 6-30-95.)
 
18    (225 ILCS 37/65)
19    (Section scheduled to be repealed on January 1, 2019)
20    Sec. 65. Investigation; notice; hearing. The Department
21may investigate the actions of an applicant or a person or
22persons holding or claiming to hold a license. Before refusing
23to issue, refusing to renew, or taking any disciplinary action
24regarding a license, the Department shall, at least 30 days
25before the date set for the hearing, notify in writing the

 

 

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1applicant for, or holder of, a license of the nature of any
2charges and that a hearing will be held on a date designated.
3The Department shall direct the applicant or licensee to file a
4written answer with the Board under oath within 20 days after
5the service of the notice and inform the applicant or licensee
6that failure to file an answer shall result in default being
7taken against the applicant or licensee and that the license
8may be suspended, revoked, or placed on probationary status, or
9that other disciplinary action may be taken, including limiting
10the scope, nature, or extent of practice, as the Secretary
11Director may consider proper. Written notice may be served by
12personal delivery, or certified or registered mail, or email to
13the applicant or licensee respondent at the address of his or
14her address of record or email address of record last
15notification to the Department. If the person fails to file an
16answer after receiving notice, his or her license or
17certificate may, in the discretion of the Department, be
18suspended, revoked, or placed on probationary status or the
19Department may take any disciplinary action considered proper,
20including limiting the scope, nature, or extent of the person's
21practice or the imposition of a fine, without a hearing, if the
22act or acts charged constitute sufficient grounds for such
23action under this Act. At the time and place fixed in the
24notice, the Board shall proceed to hear the charges and the
25parties or their counsel shall be accorded ample opportunity to
26present statements, testimony, evidence, and arguments as may

 

 

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1be pertinent to the charges or to their defense. The Board may
2continue a hearing from time to time.
3(Source: P.A. 89-61, eff. 6-30-95.)
 
4    (225 ILCS 37/70)
5    (Section scheduled to be repealed on January 1, 2019)
6    Sec. 70. Records of proceeding. The Department, at its
7expense, shall preserve a record of all proceedings at the
8formal hearing of any case. The notice of hearing, complaint,
9and all other documents in the nature of pleadings, written
10motions filed in the proceedings, transcripts of testimony,
11reports of the Board and orders of the Department shall be in
12the record of the proceedings. The Department shall furnish a
13transcript of the record to any person interested in the
14hearing upon payment of the fee required under Section 2105-115
15of the Department of Professional Regulation Law (20 ILCS
162105/2105-115).
17(Source: P.A. 91-239, eff. 1-1-00.)
 
18    (225 ILCS 37/75)
19    (Section scheduled to be repealed on January 1, 2019)
20    Sec. 75. Subpoenas; oaths; attendance of witnesses. The
21Department has the power to subpoena and to bring before it any
22person and to take testimony either orally or by deposition, or
23both, with the same fees and mileage and in the same manner as
24prescribed in civil cases in the courts of this State.

 

 

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1    The Secretary Director, the designated hearing officer,
2and every member of the Board has the power to administer oaths
3to witnesses at any hearing that the Department is authorized
4to conduct and any other oaths authorized in any Act
5administered by the Department.
6(Source: P.A. 89-61, eff. 6-30-95.)
 
7    (225 ILCS 37/80)
8    (Section scheduled to be repealed on January 1, 2019)
9    Sec. 80. Recommendations for disciplinary action. At the
10conclusion of the hearing, the Board shall present to the
11Secretary Director a written report of its findings and
12recommendations. The report shall contain a finding whether or
13not the licensee violated this Act or failed to comply with the
14conditions required in this Act. The Board shall specify the
15nature of the violation or failure to comply and shall make its
16recommendations to the Secretary Director.
17    The report of findings, conclusions of law, and
18recommendations of the Board shall be the basis for the
19Department's order for refusal to issue or for the granting of
20a license or for any disciplinary action. If the Secretary
21Director disagrees with the recommendation of the Board, the
22Secretary Director may issue an order in contravention of the
23Board's report. The finding is not admissible in evidence
24against the person in a criminal prosecution brought for
25violation of this Act, but the hearing and findings are not a

 

 

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1bar to criminal prosecution brought for violation of this Act.
2(Source: P.A. 89-61, eff. 6-30-95.)
 
3    (225 ILCS 37/85)
4    (Section scheduled to be repealed on January 1, 2019)
5    Sec. 85. Rehearing. In any hearing involving disciplinary
6action against an applicant or licensee, a copy of the Board's
7report shall be served upon the applicant or licensee by the
8Department, either personally or as provided in this Act for
9the service of the notice of hearing. Within 20 calendar days
10after service, the applicant or licensee may present to the
11Department a motion in writing for a rehearing that shall
12specify the particular grounds for rehearing. If no motion for
13rehearing is filed, then upon the expiration of the time
14specified for filing a motion, or if a motion for rehearing is
15denied, then upon denial, the Secretary Director may enter an
16order in accordance with recommendations of the Board, except
17as provided in this Act. If the applicant or licensee orders
18from the reporting service, and pays for a transcript of the
19record within the time for filing a motion for rehearing, the
2020 calendar day period within which a motion may be filed shall
21commence upon the delivery of the transcript to the respondent.
22(Source: P.A. 88-670, eff. 12-2-94; 89-61, eff. 6-30-95.)
 
23    (225 ILCS 37/90)
24    (Section scheduled to be repealed on January 1, 2019)

 

 

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1    Sec. 90. Rehearing Hearing by other examiner. Whenever the
2Secretary Director is not satisfied that substantial justice
3has been done in the revocation, suspension, or refusal to
4issue or renew a license, the Secretary Director may order a
5rehearing by the same or other examiners.
6(Source: P.A. 88-683, eff. 1-24-95; 89-61, eff. 6-30-95;
789-626, eff. 8-9-96.)
 
8    (225 ILCS 37/95)
9    (Section scheduled to be repealed on January 1, 2019)
10    Sec. 95. Appointment of hearing officer. The Secretary
11Director has the authority to appoint any attorney duly
12licensed to practice law in the State of Illinois to serve as
13the hearing officer in any action for Departmental refusal to
14issue a license, renew a license, or to discipline a licensee.
15The hearing officer has full authority to conduct the hearing.
16At least one member of the Board shall attend each hearing. The
17hearing officer shall report the findings of fact, conclusions
18of law, and recommendations to the Board and the Secretary
19Director. The Board has 60 calendar days from receipt of the
20report to review the report of the hearing officer and present
21its findings of fact, conclusions of law, and recommendations
22to the Secretary Director. If the Board fails to present its
23report within the 60 calendar day period, the Secretary
24Director may issue an order based on the report of the hearing
25officer. If the Secretary Director disagrees with the

 

 

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1recommendation of the Board or the hearing officer, the
2Secretary Director may issue an order in contravention of the
3recommendation.
4(Source: P.A. 89-61, eff. 6-30-95.)
 
5    (225 ILCS 37/100)
6    (Section scheduled to be repealed on January 1, 2019)
7    Sec. 100. Order or certified copy. An order or a certified
8copy thereof, over the seal of the Department and purporting to
9be signed by the Secretary Director, shall be prima facie proof
10that:
11    (1) the signature is the genuine signature of the Secretary
12Director;
13    (2) the Secretary Director is duly appointed and qualified;
14and
15    (3) the Board and its members are qualified to act.
16(Source: P.A. 89-61, eff. 6-30-95.)
 
17    (225 ILCS 37/105)
18    (Section scheduled to be repealed on January 1, 2019)
19    Sec. 105. Restoration of suspended or revoked license. At
20any time after the suspension or revocation of any license, the
21Department may restore the license to the accused person upon
22the written recommendation of the Board, unless after an
23investigation and a hearing the Board determines that
24restoration is not in the public interest. No person whose

 

 

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1license has been revoked as authorized in this Act may apply
2for restoration of that license until such time as provided for
3in the Department of Professional Regulation Law of the Civil
4Administrative Code of Illinois.
5    A license that has been suspended or revoked shall be
6considered nonrenewed for purposes of restoration and a person
7restoring his or her license from suspension or revocation must
8comply with the requirements for restoration of a nonrenewed
9license as set forth in Section 15 of this Act and any related
10rules adopted.
11(Source: P.A. 89-61, eff. 6-30-95.)
 
12    (225 ILCS 37/115)
13    (Section scheduled to be repealed on January 1, 2019)
14    Sec. 115. Temporary suspension. The Secretary Director may
15summarily suspend the license of an environmental health
16practitioner without a hearing, simultaneously with the
17initiation of proceedings for a hearing provided for in this
18Act, if the Secretary Director finds that evidence in his or
19her possession indicates that an environmental health
20practitioner's continuation in practice would constitute an
21imminent danger to the public. In the event that the Secretary
22Director summarily suspends the license of an environmental
23health practitioner without a hearing, a hearing by the Board
24must be commenced held within 30 calendar days after the
25suspension has occurred.

 

 

SB2618- 22 -LRB100 16352 SMS 31478 b

1(Source: P.A. 89-61, eff. 6-30-95.)
 
2    (225 ILCS 37/123 new)
3    Sec. 123. Confidentiality. All information collected by
4the Department in the course of an examination or investigation
5of a licensee, registrant, or applicant, including, but not
6limited to, any complaint against a licensee or registrant
7filed with the Department and information collected to
8investigate any such complaint, shall be maintained for the
9confidential use of the Department and shall not be disclosed.
10The Department may not disclose the information to anyone other
11than law enforcement officials, other regulatory agencies that
12have an appropriate regulatory interest as determined by the
13Secretary, or a party presenting a lawful subpoena to the
14Department. Information and documents disclosed to a federal,
15State, county, or local law enforcement agency shall not be
16disclosed by the agency for any purpose to any other agency or
17person. A formal complaint filed against a licensee,
18registrant, or applicant by the Department or any order issued
19by the Department against a licensee, registrant, or applicant
20shall be a public record, except as otherwise prohibited by
21law.
 
22    (225 ILCS 37/125)
23    (Section scheduled to be repealed on January 1, 2019)
24    Sec. 125. Certification of record; costs records. The

 

 

SB2618- 23 -LRB100 16352 SMS 31478 b

1Department shall not be required to certify a record to the
2court or file an answer in court or otherwise appear in a court
3in a judicial review proceeding, unless and until the
4Department has received from the plaintiff payment of the costs
5of furnishing and certifying the record, which costs shall be
6determined by the Department. Exhibits shall be certified
7without cost. Failure on the part of the plaintiff to file a
8receipt in court shall be grounds for dismissal of the action.
9The Department shall not be required to certify any record to
10the court, to file any answer in court, or otherwise appear in
11any court in a judicial review proceeding, unless there is
12filed in the court, with the complaint, a receipt from the
13Department acknowledging payment of the costs of furnishing and
14certifying the record. Failure on the part of the plaintiff to
15file the receipt in court shall be grounds for dismissal of the
16action.
17(Source: P.A. 89-61, eff. 6-30-95.)
 
18    (225 ILCS 37/130)
19    (Section scheduled to be repealed on January 1, 2019)
20    Sec. 130. Illinois Administrative Procedure Act. The
21Illinois Administrative Procedure Act is expressly adopted and
22incorporated in this Act as if all of the provisions of that
23Act were included in this Act, except that the provision of
24paragraph (c) of Section 10-65 of the Illinois Administrative
25Procedure Act, which provides that at hearings the certificate

 

 

SB2618- 24 -LRB100 16352 SMS 31478 b

1holder has the right to show compliance with all lawful
2requirements for retention, continuation, or renewal of the
3certificate, is specifically excluded. For the purpose of this
4Act, the notice required under Section 10-25 of the Illinois
5Administrative Procedure Act is deemed sufficient when mailed
6or emailed to the applicant or licensee at his or her last
7known address of record or email address of record last known
8address of a party.
9(Source: P.A. 99-642, eff. 7-28-16.)
 
10    (225 ILCS 37/45 rep.)
11    Section 15. The Environmental Health Practitioner
12Licensing Act is amended by repealing Section 45.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.

 

 

SB2618- 25 -LRB100 16352 SMS 31478 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.29
4    5 ILCS 80/4.39 new
5    225 ILCS 37/10
6    225 ILCS 37/11 new
7    225 ILCS 37/18
8    225 ILCS 37/19
9    225 ILCS 37/31
10    225 ILCS 37/35
11    225 ILCS 37/60
12    225 ILCS 37/65
13    225 ILCS 37/70
14    225 ILCS 37/75
15    225 ILCS 37/80
16    225 ILCS 37/85
17    225 ILCS 37/90
18    225 ILCS 37/95
19    225 ILCS 37/100
20    225 ILCS 37/105
21    225 ILCS 37/115
22    225 ILCS 37/123 new
23    225 ILCS 37/125
24    225 ILCS 37/130
25    225 ILCS 37/45 rep.