100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3126

 

Introduced 2/15/2018, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 80/4.39 new

    Creates the Registered Neurodiagnostic Technologist Title Protection Act. Provides for registration of neurodiagnostic technologist by the Department of Financial and Professional Regulation. Prohibits a person from holding himself or herself out as a registered neurodiagnostic technologist without being registered by the Department. Establishes qualifications for registration as a neurodiagnostic technologist. Establishes the powers and duties of the Department, including prescribing fees for initial application and renewal of the registration, setting expiration and renewal period of the registration, defining the criteria for registration, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters. Provides for grounds for disciplinary action. Provides for civil and criminal penalties for violations of this Act. Creates provisions concerning formal hearings, including record of proceedings, appointment of hearing officers, subpoenas and depositions, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Preempts home rule. Effective January 1, 2019.


LRB100 18709 XWW 33942 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3126LRB100 18709 XWW 33942 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 1. Short title. This Act may be cited as the
5Registered Neurodiagnostic Technologist Title Protection Act.
 
6    Section 5. Legislative purpose. The purpose of this Act is
7to protect and benefit the public by setting standards of
8qualifications, education, training, and experience for those
9who seek to hold the title of registered neurodiagnostic
10technologist.
 
11    Section 10. Definitions. As used in this Act:
12    "Address of record" means the designated address recorded
13by the Department in the applicant's or registrant's
14application file or registration file maintained by the
15Department's licensure maintenance unit.
16    "Department" means the Department of Financial and
17Professional Regulation.
18    "Direct supervision" means supervision of individuals with
19a Certification for Neurophysiological Monitoring by a
20licensed physician who personally directs delegated acts and
21remains available to personally respond to an emergency until
22the patient is released from the operating room.

 

 

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1    "Email address of record" means the designated email
2address recorded by the Department in the applicant's
3application file or the licensee's license file maintained by
4the Department's licensure maintenance unit.
5    "Physician" means a person licensed to practice medicine in
6all of its branches under the Medical Practice Act of 1987.
7    "Neurodiagnostic technologist" means a person who (i) is
8not licensed to practice medicine in all of its branches, (ii)
9is credentialed by ABRET Neurodiagnostic Credentialing and
10Accreditation for a Certification for Neurophysiological
11Monitoring, Certification for Long Term Monitoring,
12Certification for Autonomic Testing Professionals,
13Certification for Registered Electroencephalography
14Technologist, or Certification for Registered Evoked
15Potentials Technologist, (iii) performs duties under direct
16supervision when applicable, (iv) provides services in a
17licensed hospital, ambulatory treatment center, office of a
18physician licensed to practice medicine in all its branches, or
19remotely receive information from such settings to provide
20related services, and (v) is registered under this Act.
21    "Secretary" means the Secretary of Financial and
22Professional Regulation.
 
23    Section 12. Address of record; email address of record. All
24applicants and licensees shall:
25        (1) provide a valid address and email address to the

 

 

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1    Department, which shall serve as the address of record and
2    email address of record, respectively, at the time of
3    application for licensure or renewal of a license; and
4        (2) inform the Department of any change of address of
5    record or email address of record within 14 days after such
6    change either through the Department's website or by
7    contacting the Department's licensure maintenance unit.
 
8    Section 15. Title protection. No person shall hold himself
9or herself out as a registered neurodiagnostic technologist
10without being so registered by the Department. This is title
11protection and not licensure by the Department.
 
12    Section 20. Application of Act. This Act shall not be
13construed to prohibit the following:
14        (1) A person licensed in this State under any other Act
15    from engaging in the practice for which he or she is
16    licensed, including, but not limited to, a physician
17    licensed to practice medicine in all its branches,
18    physician assistant, advanced practice registered nurse,
19    or nurse performing surgery-related tasks within the scope
20    of his or her license, nor are these individuals required
21    to be registered under this Act.
22        (2) A person from engaging in practice as a
23    neurodiagnostic technologist in the discharge of his or her
24    official duties as an employee of the United States

 

 

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1    government.
2        (3) One or more registered neurodiagnostic
3    technologists from forming a professional service
4    corporation in accordance with the Professional Service
5    Corporation Act and applying for licensure as a corporation
6    providing neurodiagnostic technologist services.
7        (4) A student engaging in practice as a neurodiagnostic
8    technologist under the supervision of a physician licensed
9    to practice medicine in all of its branches or a
10    neurodiagnostic technologist credentialed by ABRET
11    Neurodiagnostic Credentialing and Accreditation in the
12    area of practice being supervised as part of his or her
13    program of study at a school approved by the Department or
14    in preparation to qualify for the examination as prescribed
15    under Section 35 of this Act.
16        (5) A person from assisting in surgery at a physician's
17    discretion, including, but not limited to, medical
18    students and residents, nor are medical students and
19    residents required to be registered under this Act.
20        (6) A hospital, health system or network, ambulatory
21    surgical treatment center, physician licensed to practice
22    medicine in all its branches, physician medical group, or
23    other entity that provides surgery-related services from
24    employing individuals that the entity considers competent
25    to assist in surgery. These entities are not required to
26    utilize registered neurodiagnostic technologists when

 

 

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1    providing neurodiagnostic-related services to patients.
2    Nothing in this paragraph shall be construed to limit the
3    ability of an employer to utilize the services of any
4    person to assist within the employment setting consistent
5    with the individual's skill and training.
 
6    Section 25. Application for registration. An application
7for an initial registration shall be made to the Department in
8writing on forms prescribed by the Department and shall be
9accompanied by the required nonrefundable fee. An application
10shall require information that, in the judgment of the
11Department, will enable the Department to evaluate the
12qualifications of an applicant for registration.
13    If an applicant fails to obtain a certificate of
14registration under this Act within 3 years after filing his or
15her application, the application shall be denied. The applicant
16may make a new application, which shall be accompanied by the
17required nonrefundable fee.
 
18    Section 30. Social Security Number on registration
19application. In addition to any other information required to
20be contained in the application, every application for an
21original certificate of registration under this Act shall
22include the applicant's Social Security Number, which shall be
23retained in the agency's records pertaining to the
24registration. As soon as practical, the Department shall assign

 

 

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1a customer's identification number to each applicant for a
2registration.
3    Every application for a renewed, reinstated, or restored
4registration shall require the applicant's customer
5identification number.
 
6    Section 35. Registration requirements; neurodiagnostic
7technologist. A person qualifies for registration as a
8neurodiagnostic technologist if he or she has applied in
9writing on the prescribed form, has paid the required fees, and
10meets all of the following requirements:
11        (1) is at least 18 years of age;
12        (2) has not violated a provision of Section 65 of this
13    Act. In addition, the Department may take into
14    consideration any felony conviction of the applicant, but a
15    conviction shall not operate as an absolute bar to
16    registration unless otherwise provided by law;
17        (3) has completed a neurodiagnostic technology program
18    approved by the Department;
19        (4) has successfully completed a neurodiagnostic
20    technologist national certification examination provided
21    by ABRET Neurodiagnostic Credentialing and Accreditation
22    or its successor agency; and
23        (5) is currently certified by ABRET Neurodiagnostic
24    Credentialing and Accreditation or its successor agency
25    and has met the requirements set forth by the Department

 

 

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1    for certification.
 
2    Section 40. Expiration; restoration; renewal. The
3expiration date and renewal period for each certificate of
4registration issued under this Act shall be set by the
5Department by rule. Renewal shall be conditioned on paying the
6required fee and meeting other requirements as may be
7established by rule.
8    A registrant who has permitted his or her registration to
9expire or who has had his or her registration on inactive
10status may have the registration restored by making application
11to the Department, by filing proof acceptable to the Department
12of his or her fitness to have the registration restored, and by
13paying the required fees. Proof of fitness may include sworn
14evidence certifying to active lawful practice in another
15jurisdiction.
16    If the registrant has not maintained an active practice in
17another jurisdiction satisfactory to the Department, the
18Department shall determine, by an evaluation program
19established by rule, his or her fitness for restoration of the
20registration and shall establish procedures and requirements
21for restoration. However, a registrant whose registration
22expired while he or she was (1) in federal service on active
23duty with the Armed Forces of the United States or the State
24Militia called into service or training, or (2) in training or
25education under the supervision of the United States before

 

 

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1induction into the military service, may have the registration
2restored without paying any lapsed renewal fees if within 2
3years after honorable termination of the service, training, or
4education he or she furnishes the Department with satisfactory
5evidence to the effect that he or she has been so engaged and
6that his or her service, training, or education has been so
7terminated.
 
8    Section 45. Inactive status. A registrant who notifies the
9Department in writing on forms prescribed by the Department may
10elect to place his or her registration on inactive status and
11shall, subject to rules of the Department, be excused from
12payment of renewal fees until he or she notifies the Department
13in writing of his or her intention to restore the registration.
14A registrant requesting restoration from inactive status shall
15pay the current renewal fee and shall restore his or her
16registration in accordance with Section 40 of this Act. A
17registrant whose registration is on inactive or non-renewed
18status shall not hold himself or herself out as a registered
19neurodiagnostic technologist. To do so shall be grounds for
20discipline under Section 65 of this Act.
 
21    Section 50. Fees; returned checks.
22    (a) The Department shall set by rule fees for the
23administration of this Act, including, but not limited to, fees
24for initial and renewal registration and restoration of a

 

 

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1certificate of registration.
2    (b) A person who delivers a check or other payment to the
3Department that is returned to the Department unpaid by the
4financial institution upon which it is drawn shall pay to the
5Department, in addition to the amount already owed to the
6Department, a fine of $50. The fines imposed by this Section
7are in addition to any other discipline provided under this
8Act. The Department shall notify the person that fees and fines
9shall be paid to the Department by certified check or money
10order within 30 calendar days after the notification. If, after
11the expiration of 30 days from the date of the notification,
12the person has failed to submit the necessary remittance, the
13Department shall automatically terminate the registration or
14deny the application without a hearing. If the person seeks a
15registration after termination or denial, he or she shall apply
16to the Department for restoration or issuance of the
17registration and pay all fees and fines due to the Department.
18The Department may establish a fee for the processing of an
19application for restoration of a registration to defray the
20expenses of processing the application. The Secretary may waive
21the fines due under this Section in individual cases if the
22Secretary finds that the fines would be unreasonable or
23unnecessarily burdensome.
24    (c) All of the fees and fines collected under this Act
25shall be deposited into the General Professions Dedicated Fund.
26All moneys in the Fund shall be used by the Department, as

 

 

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1appropriated, for the ordinary and contingent expenses of the
2Department.
 
3    Section 55. Powers and duties of the Department.
4    (a) The Department shall exercise the powers and duties
5prescribed by the Civil Administrative Code of Illinois and
6shall exercise any other powers and duties necessary for
7effectuating the purposes of this Act.
8    (b) The Department may adopt rules consistent with the
9provisions of this Act for its administration and enforcement
10and may prescribe forms that shall be issued in connection with
11this Act. The rules may include, but are not limited to,
12criteria for registration, professional conduct, and
13discipline.
 
14    Section 60. Illinois Administrative Procedure Act. The
15Illinois Administrative Procedure Act is expressly adopted and
16incorporated in this Act as if all of the provisions of the
17Illinois Administrative Procedure Act were included in this
18Act. For purposes of this Act, the notice required under
19Section 10-25 of the Illinois Administrative Procedure Act is
20deemed sufficient when mailed to the registrant's address of
21record.
 
22    Section 65. Grounds for disciplinary action.
23    (a) The Department may refuse to issue, renew, or restore a

 

 

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1registration, may revoke or suspend a registration, or may
2place on probation, reprimand, or take other disciplinary or
3non-disciplinary action with regard to a person registered
4under this Act, including, but not limited to, the imposition
5of fines not to exceed $10,000 for each violation and the
6assessment of costs as provided for in Section 90, for any one
7or combination of the following causes:
8        (1) Making a material misstatement in furnishing
9    information to the Department.
10        (2) Violating a provision of this Act or rules adopted
11    under this Act.
12        (3) Conviction by plea of guilty or nolo contendere,
13    finding of guilt, jury verdict, or entry of judgment or by
14    sentencing of any crime, including, but not limited to,
15    convictions, preceding sentences of supervision,
16    conditional discharge, or first offender probation, under
17    the laws of any jurisdiction of the United States that is
18    (i) a felony, or (ii) a misdemeanor, an essential element
19    of which is dishonesty, or that is directly related to the
20    practice of the profession.
21        (4) Fraud or misrepresentation in applying for,
22    renewing, restoring, reinstating, or procuring a
23    registration under this Act.
24        (5) Aiding or assisting another person in violating a
25    provision of this Act or its rules.
26        (6) Failing to provide information within 60 days in

 

 

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1    response to a written request made by the Department.
2        (7) Engaging in dishonorable, unethical, or
3    unprofessional conduct of a character likely to deceive,
4    defraud, or harm the public, as defined by rule of the
5    Department.
6        (8) Discipline by another United States jurisdiction,
7    governmental agency, unit of government, or foreign
8    nation, if at least one of the grounds for discipline is
9    the same or substantially equivalent to those set forth in
10    this Section.
11        (9) Directly or indirectly giving to or receiving from
12    a person, firm, corporation, partnership, or association a
13    fee, commission, rebate, or other form of compensation for
14    professional services not actually or personally rendered.
15    Nothing in this paragraph (9) affects any bona fide
16    independent contractor or employment arrangements among
17    health care professionals, health facilities, health care
18    providers, or other entities, except as otherwise
19    prohibited by law. Any employment arrangements may include
20    provisions for compensation, health insurance, pension, or
21    other employment benefits for the provision of services
22    within the scope of the registrant's practice under this
23    Act. Nothing in this paragraph (9) shall be construed to
24    require an employment arrangement to receive professional
25    fees for services rendered.
26        (10) A finding by the Department that the registrant,

 

 

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1    after having his or her registration placed on probationary
2    status, has violated the terms of probation.
3        (11) Willfully making or filing false records or
4    reports in his or her practice, including, but not limited
5    to, false records or reports filed with State agencies.
6        (12) Willfully making or signing a false statement,
7    certificate, or affidavit to induce payment.
8        (13) Willfully failing to report an instance of
9    suspected child abuse or neglect as required under the
10    Abused and Neglected Child Reporting Act.
11        (14) Being named as a perpetrator in an indicated
12    report by the Department of Children and Family Services
13    under the Abused and Neglected Child Reporting Act and upon
14    proof by clear and convincing evidence that the registrant
15    has caused a child to be an abused child or neglected child
16    as defined in the Abused and Neglected Child Reporting Act.
17        (15) Failure to report to the Department (i) any
18    adverse final action taken against the registrant by
19    another registering or licensing jurisdiction, government
20    agency, law enforcement agency, or any court, or (ii)
21    liability for conduct that would constitute grounds for
22    action as set forth in this Section.
23        (16) Habitual or excessive use or abuse of drugs
24    defined in law as controlled substances, alcohol, or any
25    other substance that results in the inability to practice
26    with reasonable judgment, skill, or safety.

 

 

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1        (17) Physical or mental illness, including, but not
2    limited to, deterioration through the aging process or loss
3    of motor skills, that results in the inability to practice
4    the profession for which he or she is registered with
5    reasonable judgment, skill, or safety.
6        (18) Gross malpractice.
7        (19) Immoral conduct in the commission of an act
8    related to the registrant's practice, including, but not
9    limited to, sexual abuse, sexual misconduct, or sexual
10    exploitation.
11        (20) Violation of the Health Care Worker Self-Referral
12    Act.
13    (b) The Department may refuse to issue or may suspend
14without hearing the registration of a person who fails to file
15a return, to pay the tax, penalty, or interest shown in a filed
16return, or to pay a final assessment of the tax, penalty, or
17interest as required by a tax Act administered by the
18Department of Revenue, until the requirements of the tax Act
19are satisfied in accordance with subsection (g) of Section
202105-15 of the Department of Regulation Law of the Civil
21Administrative Code of Illinois.
22    (c) The determination by a circuit court that a registrant
23is subject to involuntary admission or judicial admission as
24provided in the Mental Health and Developmental Disabilities
25Code operates as an automatic suspension. The suspension will
26end only upon (i) a finding by a court that the patient is no

 

 

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1longer subject to involuntary admission or judicial admission,
2(ii) issuance of an order so finding and discharging the
3patient, and (iii) filing of a petition for restoration
4demonstrating fitness to practice.
5    (d) The Department shall deny a registration or renewal
6authorized by this Act to a person who has defaulted on an
7educational loan or scholarship provided or guaranteed by the
8Illinois Student Assistance Commission or any governmental
9agency of this State in accordance with paragraph (5) of
10subsection (a) of Section 2105-15 of the Department of
11Regulation Law of the Civil Administrative Code of Illinois.
12    (e) In cases where the Department of Healthcare and Family
13Services has previously determined a registrant or a potential
14registrant is more than 30 days delinquent in the payment of
15child support and has subsequently certified the delinquency to
16the Department, the Department may refuse to issue or renew or
17may revoke or suspend that person's registration or may take
18other disciplinary action against that person based solely upon
19the certification of delinquency made by the Department of
20Healthcare and Family Services in accordance with paragraph (5)
21of subsection (a) of Section 2105-15 of the Department of
22Professional Regulation Law of the Civil Administrative Code of
23Illinois.
24    (f) In enforcing this Section, the Department, upon a
25showing of a possible violation, may compel any individual
26registered under this Act or any individual who has applied for

 

 

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1registration to submit to a mental or physical examination and
2evaluation, or both, that may include a substance abuse or
3sexual offender evaluation, at the expense of the Department.
4The Department shall specifically designate the examining
5physician licensed to practice medicine in all of its branches
6or, if applicable, the multidisciplinary team involved in
7providing the mental or physical examination and evaluation, or
8both. The multidisciplinary team shall be led by a physician
9licensed to practice medicine in all of its branches and may
10consist of one or more or a combination of physicians licensed
11to practice medicine in all of its branches, including, but not
12limited to, licensed chiropractic physicians, licensed
13clinical psychologists, licensed clinical social workers,
14licensed clinical professional counselors, and other
15professional and administrative staff. Any examining physician
16or member of the multidisciplinary team may require any person
17ordered to submit to an examination and evaluation pursuant to
18this Section to submit to any additional supplemental testing
19deemed necessary to complete any examination or evaluation
20process, including, but not limited to, blood testing,
21urinalysis, psychological testing, or neuropsychological
22testing.
23    The Department may order the examining physician or any
24member of the multidisciplinary team to provide to the
25Department any and all records, including business records,
26that relate to the examination and evaluation, including any

 

 

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1supplemental testing performed. The Department may order the
2examining physician or any member of the multidisciplinary team
3to present testimony concerning this examination and
4evaluation of the registrant or applicant, including testimony
5concerning any supplemental testing or documents relating to
6the examination and evaluation. No information, report,
7record, or other documents in any way related to the
8examination and evaluation shall be excluded by reason of any
9common law or statutory privilege relating to communication
10between the registrant or applicant and the examining physician
11or any member of the multidisciplinary team. No authorization
12is necessary from the registrant or applicant ordered to
13undergo an evaluation and examination for the examining
14physician or any member of the multidisciplinary team to
15provide information, reports, records, or other documents or to
16provide any testimony regarding the examination and
17evaluation. The individual to be examined may have, at his or
18her own expense, another physician of his or her choice present
19during all aspects of the examination.
20    Failure of any individual to submit to mental or physical
21examination and evaluation, or both, when directed, shall
22result in an automatic suspension without a hearing until such
23time as the individual submits to the examination. If the
24Department finds a registrant unable to practice because of the
25reasons set forth in this Section, the Department shall require
26such registrant to submit to care, counseling, or treatment by

 

 

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1physicians approved or designated by the Department as a
2condition for continued, reinstated, or renewed registration.
3    When the Secretary immediately suspends a registration
4under this Section, a hearing upon such person's registration
5must be convened by the Department within 15 days after such
6suspension and completed without appreciable delay. The
7Department shall have the authority to review the registrant's
8record of treatment and counseling regarding the impairment to
9the extent permitted by applicable federal statutes and
10regulations safeguarding the confidentiality of medical
11records.
12    Individuals registered under this Act and affected under
13this Section shall be afforded an opportunity to demonstrate to
14the Department that they can resume practice in compliance with
15acceptable and prevailing standards under the provisions of
16their registration.
17    (g) All fines imposed under this Section shall be paid
18within 60 days after the effective date of the order imposing
19the fine or in accordance with the terms set forth in the order
20imposing the fine.
 
21    Section 70. Suspension of registration for failure to pay
22restitution. The Department, without further process or
23hearing, shall suspend the registration of any person who has
24been certified by court order as not having paid restitution to
25a person under Section 8A-3.5 of the Illinois Public Aid Code

 

 

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1or under Section 17-10.5 or 46-1 of the Criminal Code of 1961
2or the Criminal Code of 2012. A person whose registration is
3suspended under this Section is prohibited from practicing
4until the restitution is made in full.
 
5    Section 75. Cease and desist order; injunctions.
6    (a) If a person violates a provision of this Act, the
7Secretary, in the name of the People of the State of Illinois
8through the Attorney General of the State of Illinois, or the
9State's Attorney of a county in which the violation is alleged
10to have occurred, may petition for an order enjoining the
11violation or for an order enforcing compliance with this Act.
12Upon the filing of a verified petition in court, the court may
13issue a temporary restraining order without notice or bond and
14may preliminarily and permanently enjoin the violation. If it
15is established that the registrant has violated or is violating
16the injunction, the court may punish the offender for contempt
17of court. Proceedings under this Section shall be in addition
18to, and not in lieu of, all other remedies and penalties
19provided by this Act.
20    (b) If a person holds himself or herself out as a
21registered neurodiagnostic technologist without being
22registered under this Act, then any registrant under this Act,
23interested party, or person injured thereby, in addition to the
24Secretary or State's Attorney, may petition for relief as
25provided in subsection (a) of this Section.

 

 

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1    (c) If the Department determines that a person violated a
2provision of this Act, the Department may issue a rule to show
3cause why an order to cease and desist should not be entered
4against him or her. The rule shall clearly set forth the
5grounds relied upon by the Department and shall provide a
6period of 7 days from the date of the rule to file an answer to
7the satisfaction of the Department. Failure to answer to the
8satisfaction of the Department shall cause an order to cease
9and desist to be issued immediately.
 
10    Section 80. Investigation; notice; hearing. The Department
11may investigate the actions of a person applying for, holding,
12or claiming to hold a certificate of registration. The
13Department shall, before refusing to issue or renew a
14registration or taking other disciplinary or non-disciplinary
15action pursuant to Section 65 of this Act, and at least 30 days
16prior to the date set for the hearing, (i) notify in writing
17the applicant or registrant of the charges made and the time
18and place for a hearing of the charges, (ii) direct the
19applicant or registrant to file a written answer to the
20Department under oath within 20 days after the service of the
21notice, and (iii) inform the applicant or registrant that
22failure to file an answer will result in default being taken
23against the applicant or registrant.
24    Written notice and any notice in the subsequent proceeding
25may be served by registered or certified mail to the

 

 

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1applicant's or registrant's address of record. If the person
2fails to file an answer after receiving notice, his or her
3certificate of registration may, in the discretion of the
4Department, be suspended, revoked, placed on probationary
5status, or the Department may take whatever disciplinary or
6non-disciplinary action deemed proper, including limiting the
7delegated tasks or the imposition of a fine, without a hearing,
8if the act or acts charged constitute sufficient grounds for
9such action under this Act. At the time and place fixed in the
10notice, the Department shall proceed to hearing of the charges
11and the parties and their counsel shall be afforded ample
12opportunity to present any pertinent statements, testimony,
13evidence, and arguments. The Department may continue a hearing
14from time to time.
 
15    Section 85. Confidentiality. All information collected by
16the Department in the course of an examination or investigation
17of a registrant or applicant, including, but not limited to,
18any complaint against a registrant filed with the Department
19and information collected to investigate any such complaint
20shall be maintained for the confidential use of the Department
21and shall not be disclosed. The Department shall not disclose
22the information to anyone other than law enforcement officials,
23regulatory agencies that have an appropriate regulatory
24interest as determined by the Secretary, or a party presenting
25a lawful subpoena to the Department. Information and documents

 

 

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1disclosed to a federal, State, county, or local law enforcement
2agency shall not be disclosed by the agency for any purpose to
3any other agency or person. A formal complaint filed against a
4registrant by the Department or any order issued by the
5Department against a registrant or applicant shall be a public
6record, except as otherwise prohibited by law.
 
7    Section 90. Record of proceedings. The Department, at its
8expense, shall preserve a record of all proceedings at a formal
9hearing conducted pursuant to Section 80 of this Act. Any
10registrant who is found to have violated this Act or who fails
11to appear for a hearing to refuse to issue, restore, or renew a
12registration or to discipline a registrant may be required by
13the Department to pay for the costs of the proceeding. These
14costs are limited to costs for court reporters, transcripts,
15and witness attendance and mileage fees. All costs imposed
16under this Section shall be paid within 60 days after the
17effective date of the order imposing the fine.
 
18    Section 95. Order for production of documents. A circuit
19court, upon application of the Department, may order the
20attendance and testimony of witnesses and the production of
21relevant documents, papers, files, books, and records in
22connection with a hearing or investigation. The court may
23compel obedience to its order through contempt proceedings.
 

 

 

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1    Section 100. Subpoena power.
2    (a) The Department may subpoena and bring before it any
3person to take the oral or written testimony or compel the
4production of any books, papers, records, or any other
5documents that the Secretary or his or her designee deems
6relevant or material to any investigation or hearing conducted
7by the Department, with the same fees and mileage and in the
8same manner as prescribed by law in judicial proceedings in
9civil cases in circuit courts of this State.
10    (b) The Secretary, the hearing officer, or a certified
11shorthand court reporter may administer oaths at any hearing
12that the Department conducts. Notwithstanding any other
13statute or Department rule to the contrary, all requests for
14testimony, production of documents, or records shall be in
15accordance with this Act.
 
16    Section 105. Disciplinary report. At the conclusion of the
17hearing, the hearing officer shall present to the Secretary a
18written report of his or her findings of fact, conclusions of
19law, and recommendations. In the report, the hearing officer
20shall make a finding of whether or not the charged registrant
21or applicant violated a provision of this Act or its rules.
 
22    Section 110. Motion for rehearing. In a case involving the
23refusal to issue or renew a registration or the discipline of a
24registrant, a copy of the hearing officer's report shall be

 

 

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1served upon the respondent by the Department, as provided under
2Section 60 of this Act. Within 20 days after the service, the
3respondent may present to the Department a motion in writing
4for a rehearing, which shall specify the particular grounds for
5a rehearing. If no motion for rehearing is filed, then upon the
6expiration of the time specified for filing the motion, or if a
7motion for rehearing is denied, then upon the denial the
8Secretary may enter an order in accordance with recommendations
9of the Department, except as provided in Section 115 or 120 of
10this Act. If the respondent orders a transcript of the record
11from the reporting service and pays for the transcript within
12the time for filing a motion for rehearing, the 20-day period
13within which such a motion may be filed shall commence upon the
14delivery of the transcript to the respondent.
 
15    Section 115. Order of Secretary. The Secretary's order
16shall be based on the recommendations contained in the
17Department report unless the Secretary disagrees in any regard
18with the report of the Department, in which case he or she may
19issue an order in contravention of the report. The hearing
20officer's report and Secretary's order are not admissible in
21evidence against the person in a criminal prosecution brought
22for a violation of this Act, but the hearing, report, and order
23are not a bar to a criminal prosecution brought for the
24violation of this Act.
 

 

 

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1    Section 120. Hearing officer. The Secretary shall have the
2authority to appoint an attorney licensed to practice law in
3this State to serve as the hearing officer in a hearing
4authorized under Section 90 of this Act. The hearing officer
5shall have full authority to conduct the hearing. The hearing
6officer shall report his or her findings of fact, conclusions
7of law, and recommendations to the Department. If the Secretary
8disagrees in any regard with the report of the Department, he
9or she may issue an order in contravention of the report. The
10Secretary shall provide a written explanation to the Department
11on a deviation from the Department's report and shall specify
12with particularity the reasons for his or her deviation in the
13final order.
 
14    Section 125. Rehearing on order of Secretary. Whenever the
15Secretary is not satisfied that substantial justice has been
16achieved in the discipline of a registrant, the Secretary may
17order a rehearing by the same or another hearing officer.
 
18    Section 130. Order; prima facie proof. An order or a
19certified copy of an order, over the seal of the Department and
20purporting to be signed by the Secretary, shall be prima facie
21proof that: (i) the signature is the genuine signature of the
22Secretary; and (ii) the Secretary is duly appointed and
23qualified.
 

 

 

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1    Section 135. Restoration of registration from discipline.
2At any time after the successful completion of a term of
3indefinite probation, suspension, or revocation of a
4registration, the Department may restore the registration to
5active status unless, after an investigation and a hearing, the
6Secretary determines that restoration is not in the public
7interest. No person whose registration has been revoked as
8authorized in this Act may apply for restoration of that
9registration until such time as provided for in the Civil
10Administrative Code of Illinois.
 
11    Section 140. Surrender of certificate of registration.
12Upon the revocation or suspension of a certificate of
13registration, the registrant shall immediately surrender the
14certificate of registration to the Department. If the
15registrant fails to do so, the Department shall have the right
16to seize the certificate of registration.
 
17    Section 145. Summary suspension. The Secretary may
18summarily suspend the registration of a neurodiagnostic
19technologist without a hearing, simultaneously with the
20institution of proceedings for a hearing provided for in
21Section 80 of this Act, if the Secretary finds that evidence
22indicates that continuation in practice would constitute an
23imminent danger to the public. If the Secretary summarily
24suspends a registration without a hearing, a hearing by the

 

 

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1Department shall be commenced within 30 days after the
2suspension has occurred and shall be concluded as expeditiously
3as possible.
 
4    Section 150. Certificate of record. The Department shall
5not be required to certify any record to a court or file an
6answer in court or otherwise appear in a court in a judicial
7review proceeding unless and until the Department has received
8from the plaintiff payment of the costs of furnishing and
9certifying the record, which costs shall be determined by the
10Department. Exhibits shall be certified without cost. Failure
11on the part of the plaintiff to file a receipt in court shall
12be grounds for dismissal of the action.
 
13    Section 155. Administrative Review Law. All final
14administrative decisions of the Department are subject to
15judicial review under the Administrative Review Law and its
16rules. The term "administrative decision" is defined as in
17Section 3-101 of the Code of Civil Procedure. Proceedings for
18judicial review shall be commenced in the circuit court of the
19county in which the party seeking review resides. If the party
20seeking review is not a resident of this State, venue shall be
21in Sangamon County.
 
22    Section 160. Criminal penalties. A person who is found to
23have knowingly violated Section 15 of this Act is guilty of a

 

 

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1Class A misdemeanor for a first offense and is guilty of a
2Class 4 felony for a second or subsequent offense.
 
3    Section 165. Civil penalties.
4    (a) In addition to any other penalty provided by law, a
5person who violates Section 15 of this Act shall pay a civil
6penalty to the Department in an amount not to exceed $10,000
7for each offense as determined by the Department. The civil
8penalty shall be assessed by the Department after a hearing is
9held in accordance with the provisions set forth in this Act.
10    (b) The Department has the authority and power to
11investigate any and all unregistered activity.
12    (c) The civil penalty assessed under this Act shall be paid
13within 60 days after the effective date of the order imposing
14the civil penalty. The order shall constitute a judgment and
15may be filed and execution had on the judgment in the same
16manner as a judgment from a court of record.
 
17    Section 170. Home rule powers. The regulation of
18neurodiagnostic technologists is an exclusive power and
19function of the State. A home rule unit shall not regulate
20neurodiagnostic technologists. This Section is a limitation
21under subsection (h) of Section 6 of Article VII of the
22Illinois Constitution.
 
23    Section 900. The Regulatory Sunset Act is amended by adding

 

 

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1Section 4.39 as follows:
 
2    (5 ILCS 80/4.39 new)
3    Sec. 4.39. Act repealed on January 1, 2029. The following
4Act is repealed on January 1, 2029:
5    The Registered Neurodiagnostic Technologist Title
6Protection Act.
 
7    Section 999. Effective date. This Act takes effect January
81, 2019.