093_SB1068 LRB093 07598 AMC 07777 b 1 AN ACT concerning professional regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Clinical Laboratory Science Practice Act. 6 Section 5. Declaration of policy; purpose. It is hereby 7 declared to be a policy of this State that the practice of 8 clinical laboratory science by health care professionals 9 affects the public health, safety, and welfare and is subject 10 to control and regulation in the public interest. It is 11 further declared that clinical laboratories and clinical 12 laboratory practitioners provide essential services to 13 practitioners of the healing arts by furnishing vital 14 information that may be used in the diagnosis, prevention, 15 and treatment of disease or impairment and the assessment of 16 the health of humans. The purpose of this Act is to assure 17 better protection of public health by requiring minimum 18 qualifications for clinical laboratory practitioners and by 19 ensuring that clinical laboratory tests are performed with 20 the highest degree of professional competency by those 21 engaged in providing such services in this State. 22 Section 15. Definitions. The following words and terms 23 when used in the Act shall have the following meaning unless 24 otherwise indicated within the context: 25 "Accredited clinical laboratory education program" means 26 a program planned to provide a predetermined amount of 27 instruction and experience in clinical laboratory science, 28 medical technology, cytology, or histology that has been 29 accredited by one of the accrediting agencies recognized by 30 the U.S. Department of Education. -2- LRB093 07598 AMC 07777 b 1 "Board" means the Clinical Laboratory Science Board 2 appointed by the Director of Professional Regulation. 3 "Categorical technologist" means an individual eligible 4 under this Act who is qualified to perform clinical 5 laboratory testing in one or more categories of laboratory 6 testing, such as microbiology, clinical chemistry, 7 immunology, hematology, immunohematology or other areas 8 specified by the Board. The categorical technologist is 9 responsible for the establishment and implementation of 10 protocols, quality assessment, method development and 11 selection, equipment selection and maintenance, and all 12 activities related to the pre-analytical, analytical, and 13 post-analytical phases of testing. The categorical 14 technologist may also direct, supervise, consult, educate, 15 and perform research functions in their specialty area. 16 "Categorical technologist" includes a categorical scientist. 17 "CLIA '88" means the Clinical Laboratory Improvement 18 Amendments of 1988. 19 "Clinical laboratory" or "laboratory" means a site or 20 location in which clinical laboratory tests or examinations 21 are performed. 22 "Clinical laboratory practitioner" means an individual 23 who has the authority to perform clinical laboratory tests. 24 "Clinical laboratory scientist" means an individual 25 eligible under this Act that performs any clinical laboratory 26 test including those that require the exercise of independent 27 judgment. In addition, this individual is responsible for the 28 establishment and implementation of protocols, quality 29 assessment, method development and selection, equipment 30 selection and maintenance, and all activities related to the 31 pre-analytical, analytical and post-analytical phases of 32 testing. The clinical laboratory scientist may also direct, 33 supervise, consult, educate, and perform research functions. 34 "Clinical laboratory scientist" includes a medical -3- LRB093 07598 AMC 07777 b 1 technologist. 2 "Clinical laboratory technician" means an individual 3 eligible under this Act who is qualified to perform clinical 4 laboratory tests pursuant to established and approved 5 protocols that require limited exercise of independent 6 judgment and which are performed with oversight from a 7 clinical laboratory scientist, medical technologist, 8 technical consultant, supervisor, or laboratory director as 9 defined by the Clinical Laboratory Improvement Amendments of 10 1988 (CLIA '88) (P.L. 100-578). "Clinical laboratory 11 technician" includes a medical laboratory technician. 12 "Clinical laboratory test" or "laboratory test" means a 13 microbiological, serological, molecular, chemical, 14 biological, hematological, immunological, 15 immunohematological, cytological, biophysical, or any other 16 test or procedure performed on material derived from or 17 existing in a human body that provides information for the 18 diagnosis, prevention, or monitoring of a disease or 19 impairment or assessment of a clinical condition. Clinical 20 laboratory testing encompasses the pre-analytical, 21 analytical, and post-analytical phases of testing. 22 "Cytotechnologist" means an individual eligible under 23 this Act who is qualified to process and interpret cellular 24 material derived from the human body delineating data 25 regarding human cytopathological disease. The 26 cytotechnologist performs testing under the supervision of a 27 technical supervisor pursuant to the CLIA '88. The 28 cytotechnologist reviews and interprets gynecological 29 cytology preparations and screens non-gynecological cytology 30 preparations where final review and interpretation is the 31 responsibility of a qualified physician. 32 "Department" means the Department of Professional 33 Regulation. 34 "Director" means the Director of Professional Regulation. -4- LRB093 07598 AMC 07777 b 1 "Histotechnician" means an individual who is qualified to 2 process cellular and tissue components through methods of 3 selected gross dissection and description, fixation, 4 dehydration, embedding, microtomy, frozen sectioning, 5 staining, and other related procedures and techniques 6 employed in the preparation of smears, slides, and tissues. 7 This specialty also encompasses methods for antigen detection 8 and other molecular hybridization testing methods where the 9 purpose is analysis or quantification of cellular and tissue 10 components for interpretation by a qualified physician. The 11 histotechnician performs testing under the direct supervision 12 of a histotechnologist, technical consultant, supervisor, or 13 laboratory director as defined by CLIA '88. 14 "Histotechnologist" means an individual who is qualified 15 to process cellular and tissue components through methods of 16 selected gross dissection and description, fixation, 17 dehydration, embedding, microtomy, frozen sectioning, 18 staining, and other related procedures and techniques 19 employed in the preparation of smears, slides and tissues. 20 This specialty also encompasses methods for antigen detection 21 and other molecular hybridization testing methods where the 22 purpose is analysis or quantification of cellular and tissue 23 components for interpretation by a qualified physician. The 24 histotechnologist performs testing under the supervision of a 25 technical consultant, supervisor, or laboratory director as 26 defined by CLIA '88. 27 "Pathologist's assistant" means an individual who is 28 qualified to perform surgical pathology specimen examinations 29 and post-mortem examinations. This specialty also encompasses 30 related functions which are necessary to insure the 31 successful completion or processing of the above. The 32 pathologist's assistant performs testing under the 33 supervision of a qualified pathologist. The functions of the 34 pathologist's assistant shall be to assist a pathologist in -5- LRB093 07598 AMC 07777 b 1 arriving at a final diagnosis. Rendering the final diagnosis, 2 however, is the responsibility of a pathologist. 3 "Point of care testing" means clinical testing that is so 4 critical to patient care that it must be performed 5 immediately at or near the patient. Tests meeting this 6 definition provide clinically relevant information that 7 direct therapy, are limited to procedures that produce 8 accurate and precise data in a short period of time, meet the 9 current standards of quality in laboratory science, and 10 comply with all standards of accrediting agencies. The term 11 does not include a clinical laboratory test performed in a 12 physician's office laboratory. 13 "Waived test" means a simple laboratory examination or 14 procedure, as defined by the CLIA '88 and approved by the 15 Board. 16 Section 20. Exemptions. This Act does not apply to any 17 of the following: 18 (1) A person licensed in this State under any other 19 Act who engages in the practice for which he or she is 20 licensed, providing the Act specifically authorizes him 21 or her to perform laboratory testing. 22 (2) Clinical laboratory practitioners employed by 23 the United States government or any bureau, division, or 24 agency thereof while in the discharge of the employee's 25 official duties. 26 (3) Clinical laboratory practitioners engaged in 27 teaching or research, provided that the results of any 28 examination performed are not used in health maintenance, 29 diagnosis, or treatment of disease. 30 (4) Students or trainees enrolled in a clinical 31 laboratory education program, provided that these 32 activities constitute a part of a planned course in the 33 program, that the persons are designated by title such as -6- LRB093 07598 AMC 07777 b 1 intern, trainee, or student, and the persons work 2 directly under (i) an individual licensed by this State 3 to practice clinical laboratory science, (ii) a person 4 exempt from licensure under this Act by item (3) of this 5 Section, or (iii) a licensed physician. 6 (5) A person solely performing waived tests under 7 the Clinical Laboratory Improvement Amendments of 1988 8 (P.L. 100-578). 9 (6) Personnel performing point of care testing 10 provided that, within the point of care testing 11 laboratory, a licensed Clinical laboratory scientist, 12 medical technologist, categorical technologist, clinical 13 laboratory technician, or licensed physician is 14 responsible for all of the following: 15 (A) Designing and providing or supervising the 16 training programs for the point of care testing 17 personnel. 18 (B) Supervising and monitoring the quality 19 assurance and quality control activities of the 20 testing site. 21 (C) Assisting in the selection of technology. 22 (D) Reviewing the results of proficiency 23 testing and recommending corrective action, if 24 necessary. 25 (E) Monitoring the continued competency of the 26 testing personnel. Failure to comply with the above 27 requirements subjects the point of care testing 28 personnel to the loss of the exemption. 29 (7) Histotechnicians and histotechnologists who 30 perform clinical laboratory testing under the supervision 31 of a technical consultant, supervisor, or laboratory 32 director as defined by the CLIA '88. 33 (8) Pathologist's assistants who perform clinical 34 laboratory testing under the supervision of a qualified -7- LRB093 07598 AMC 07777 b 1 pathologist. 2 Section 25. License required. 3 (a) Beginning January 1, 2004, no person shall perform 4 or consult regarding clinical laboratory tests or hold 5 himself or herself out as a clinical laboratory practitioner 6 in the State unless he or she is licensed under this Act. 7 (b) All persons performing or consulting regarding 8 clinical laboratory tests on the effective date of this Act 9 who are certified by or eligible for certification by an 10 agency acceptable to the Department and who have applied to 11 the Department on or before January 1, 2004 and have complied 12 with all necessary requirements for application may continue 13 to perform clinical laboratory tests until (1) the expiration 14 of 12 months after filing the application, (2) the denial of 15 the application by the Department, or (3) the withdrawal of 16 the application, whichever occurs first. 17 (c) Before January 1, 2006, a person not meeting the 18 education, training, and experience qualifications for a 19 license under this Act may be granted licensure if they have 20 3 years of acceptable experience at the professional level 21 for which licensure is sought immediately prior to the 22 effective date of this Act and submit to the Board the job 23 description of the position that the applicant has most 24 recently performed, attested to by his or her employer. 25 (D) Beginning January 1, 2006, no initial license shall 26 be issued until an applicant meets all of the requirements 27 under this Act and successfully completes a national 28 certification examination authorized by the Department. 29 Section 30. Administration. 30 (a) The Department shall adopt rules consistent with the 31 provisions of this Act for the administration and enforcement 32 thereof and may prescribe the forms that shall be issued in -8- LRB093 07598 AMC 07777 b 1 connection with this Act. The rules shall include standards 2 and criteria for licensure and professional conduct and 3 discipline. The Department shall consult with the Board in 4 adopting rules. Notice of proposed rulemaking shall be 5 transmitted to the Board and the Department shall review the 6 Board's response and any recommendations the Board makes. The 7 Department shall notify the Board in writing with an 8 explanation of its deviations from the Board's 9 recommendations and response. 10 (b) The Department may solicit the advice and expert 11 knowledge of the Board on any matter relating to the 12 administration and enforcement of this Act. 13 (c) The Department shall issue to the Board a quarterly 14 report of the status of all complaints related to the 15 profession received by the Department. 16 Section 35. Clinical Laboratory Science Board. 17 (a) There is hereby created a Clinical Laboratory 18 Science Board within the Department of Professional 19 Regulation which shall consist of 8 persons who have been 20 residents of this State for at least 2 years prior to their 21 appointment and who are actively engaged in their areas of 22 practice. The Director may make appointments to the Board 23 from lists submitted by organizations of clinical laboratory 24 science practitioners and organizations of physician 25 pathologists. 26 (b) The Board shall be composed of the following 27 members: (i) one physician certified by the American Board of 28 Pathology or the American Board of Osteopathic Pathology; 29 (ii) 6 clinical laboratory practitioners who, except for 30 initial appointments, hold active and valid licenses as 31 clinical laboratory practitioners in this State, at least one 32 of whom is a non-physician laboratory director, as defined by 33 the CLIA '88, 2 of whom are clinical laboratory scientists, -9- LRB093 07598 AMC 07777 b 1 one of whom is a clinical laboratory technician, and one of 2 whom is a cytotechnologist; and (iii) one public member who 3 is not associated with or financially interested in the 4 practice of clinical laboratory science. 5 (c) Board members shall serve for a term of 3 years and 6 until their successors are appointed and qualified, except 7 that the initial appointments, which shall be made within 60 8 days after the effective date of this Act, shall be as 9 follows: 10 (1) A pathologist, a non-physician laboratory 11 director, as defined by the CLIA '88, and 2 clinical 12 laboratory practitioners shall be appointed to serve for 13 3 years. 14 (2) A public representative shall be appointed to 15 serve for 2 years. 16 (3) The remaining members shall be appointed to 17 serve for one year. 18 (d) Whenever a vacancy shall occur on the Board by 19 reason other than the expiration of a term of office, the 20 Director shall appoint a successor of like qualifications for 21 the remainder of the unexpired term. No person shall be 22 appointed to serve more than 2 successive 3-year terms. 23 (e) The Director shall have the authority to remove any 24 member of the Board from office for neglect of any duty 25 required by law or for incompetency or unprofessional or 26 dishonorable conduct. 27 (f) The Director shall consider the recommendations of 28 the Board on questions involving standards of professional 29 conduct, discipline, and qualifications of applicants or 30 licensees under this Act. 31 Section 40. Standards for licensure. 32 (a) The Department shall issue a clinical laboratory 33 scientist license to an individual who meets the -10- LRB093 07598 AMC 07777 b 1 qualifications promulgated by the Department, including 2 successful completion of a national certification examination 3 at the clinical laboratory scientist level authorized by the 4 Department and at least one of the following: 5 (1) Baccalaureate degree in clinical laboratory 6 science or medical technology or the equivalent from an 7 accredited college or university and successful 8 completion of an accredited clinical laboratory science 9 or medical technology education program. 10 (2) Baccalaureate degree from an accredited college 11 or university and completion of 36 semester hours in the 12 biological, chemical, or medical laboratory sciences in 13 addition to or part of the baccalaureate degree and 14 successful completion of an accredited clinical 15 laboratory science or medical technology education 16 program or successful completion of a 50-week or more 17 military medical laboratory training program. 18 (3) Baccalaureate degree from an accredited college 19 or university and completion of 36 semester hours in the 20 biological, chemical, or medical laboratory sciences in 21 addition to or part of the baccalaureate degree, 22 certified as a clinical laboratory technician, and 23 completion of the equivalent of 2 years of full-time 24 clinical laboratory work experience within the last 4 25 years. This experience must have included a minimum of 4 26 months in each of the 4 major clinical laboratory 27 disciplines (chemistry or urinalysis, hematology, 28 immunohematology, and microbiology). 29 (4) Baccalaureate degree from an accredited college 30 or university and completion of 36 semester hours in the 31 biological, chemical, or medical laboratory sciences in 32 addition to or part of the baccalaureate degree and 33 completion of the equivalent of 4 years of full-time 34 clinical laboratory work experience within the last 8 -11- LRB093 07598 AMC 07777 b 1 years. This experience must have included a minimum of 4 2 months in each of the 4 major clinical laboratory 3 disciplines (chemistry or urinalysis, hematology, 4 immunohematology, and microbiology). 5 (b) The Department shall issue a categorical 6 technologist license to an individual who meets such 7 qualifications as promulgated by the Department, including 8 successful completion of a categorical examination offered by 9 a national certification organization authorized by the 10 Department and at least one of the following: 11 (1) For the categories of microbiology and 12 chemistry, (i) a baccalaureate degree from an accredited 13 college or university, (ii) successful completion of 30 14 semester hours in the biological, chemical, or medical 15 laboratory sciences, and (iii) one year of full-time 16 experience within the last 10 years in the category for 17 which licensure is sought or successful completion of a 18 structured training program that is under the auspices of 19 an accredited medical technology or clinical laboratory 20 science education program in the category for which 21 licensure is sought. 22 (2) For the categories of hematology, immunology, 23 and immunohematology, (i) a baccalaureate degree from an 24 accredited college or university, (ii) successful 25 completion of 30 semester hours in the biological, 26 chemical or medical laboratory sciences, and (iii) 2 27 years of full-time experience within the last 10 years in 28 the category for which licensure is sought or successful 29 completion of a structured training program that is under 30 the auspices of an accredited medical technology or 31 clinical laboratory science education program in the 32 category for which licensure is sought. 33 (3) A masters or doctorate in a chemical, 34 biological, or medical laboratory science from an -12- LRB093 07598 AMC 07777 b 1 accredited college or university and 6 months of full 2 time acceptable clinical laboratory experience or 3 clinical laboratory training within the last 10 years in 4 the category for which licensure is sought. 5 The Department may establish other categorical 6 technologist licenses as necessary, provided that the 7 licenses require a baccalaureate or graduate degree in an 8 appropriate field, clinical training or work experience, and 9 national certification. 10 (c) The Department shall issue a clinical laboratory 11 technician license to an individual who meets such 12 qualifications as promulgated by the Department, which shall 13 include successful completion of a national certification 14 examination at the clinical laboratory technician level 15 authorized by the Department and at least one of the 16 following: 17 (1) Associate's degree or 60 semester hours from an 18 accredited post-secondary academic institution and 19 successful completion of an accredited clinical 20 laboratory technician education program. 21 (2) Associate's degree or 60 semester hours from an 22 accredited post-secondary academic institution with 24 23 semester hours of college course work in the biological, 24 chemical, or medical laboratory sciences, including 6 25 semester hours of chemistry and 6 semester hours of 26 biology and successful completion of a 50-week or more 27 military medical laboratory training program. 28 (3) Associate's degree or 60 semester hours from an 29 accredited post-secondary academic institution with 24 30 semester hours of college course work in the biological, 31 chemical, or medical laboratory sciences, including 6 32 semester hours of chemistry and 6 semester hours of 33 biology and successful completion of an approved 34 laboratory or clinical assistant education program, and -13- LRB093 07598 AMC 07777 b 1 completion of the equivalent of one year of full-time 2 clinical laboratory work experience within the last 2 3 years. This experience must have included a minimum of 3 4 months in each of the 4 major clinical laboratory 5 disciplines (chemistry or urinalysis, hematology, 6 immunohematology, and microbiology). Laboratory work 7 experience must be under the supervision of a certified 8 clinical laboratory scientist, certified clinical 9 laboratory technician, clinical laboratory scientist 10 consultant, or the equivalent. 11 (4) Associate's degree or 60 semester hours from an 12 accredited post-secondary academic institution with 24 13 semester hours of college course work in the biological, 14 chemical, or medical laboratory sciences, including 6 15 semester hours of chemistry and 6 semester hours of 16 biology and completion of the equivalent of 2 years of 17 full-time clinical laboratory work experience within the 18 last 4 years. This experience must have included a 19 minimum of 3 months in each of the 4 major clinical 20 laboratory disciplines (chemistry or urinalysis, 21 hematology, immunohematology, and microbiology). 22 Completion of one year of the laboratory work experience 23 must be under the supervision of a certified clinical 24 laboratory scientist, certified clinical laboratory 25 technician, clinical laboratory scientist consultant, or 26 the equivalent. 27 (d) The Department shall issue a cytotechnologist 28 license to an individual who meets such qualifications as 29 promulgated by the Department, which shall include successful 30 completion of a national certification examination at the 31 cytotechnologist level authorized by the Department and a 32 baccalaureate degree from an accredited college or university 33 with 20 semester hours of biological science and 8 semester 34 hours of chemical science, and successful completion of an -14- LRB093 07598 AMC 07777 b 1 accredited cytology laboratory education program. 2 Section 45. Temporary license. 3 (a) Licensure applicants that qualify by education, 4 experience, or training but have not taken or passed an 5 approved nationally recognized certification examination may 6 be granted a temporary license that will allow that 7 individual to engage in the practice of clinical laboratory 8 science at the appropriate level. The temporary license will 9 be valid for 6 months and can be renewed twice upon failure 10 to pass an approved nationally recognized certification 11 examination. 12 (b) Internationally trained licensure applicants must 13 have their transcripts evaluated by a transcript evaluation 14 agency acceptable to the Department and submitted directly to 15 the national certifying agency. The evaluation must indicate 16 that the applicant's education is equivalent to that which is 17 required for licensure of U.S. graduates in the level of 18 licensure being sought. Upon submission of proof to the 19 Department of acceptance to sit for the certification 20 examination the individual may apply for a temporary license 21 in the corresponding category. 22 Section 50. Waiver of requirements. The Department of 23 Professional Regulation shall adopt rules providing 24 procedures for waiver of the requirements under Section 40 25 for all applicants who hold a valid license or equivalent 26 issued by another state if the requirements under which that 27 license or equivalent was issued are equivalent to or exceed 28 the standards required by this Act. 29 Section 55. Licensure application procedures. 30 (a) Licensure applicants shall submit their application 31 for licensure to the Department upon the forms prescribed and -15- LRB093 07598 AMC 07777 b 1 furnished by the Department and shall pay the designated 2 application fee. 3 (b) Upon receipt of an application and payment of a fee, 4 the Department shall issue a license for a clinical 5 laboratory scientist, categorical technologist, clinical 6 laboratory technician, or cytotechnologist, to any person who 7 meets the qualifications specified in this Act and the rules 8 adopted pursuant to this Act. 9 Section 60. Licensure renewal. 10 (a) A license issued under this Act shall expire 2 years 11 after receipt. 12 (b) Every person licensed under this Act shall be issued 13 a renewal license upon (i) submission of an application for 14 renewal on a form prescribed by the Department and payment of 15 an appropriate fee determined by the Department and (ii) 16 proof of completion, in the period since the license was 17 first issued or last renewed, of at least 24 hours of 18 continuing education courses, clinics, lectures, training 19 programs, seminars, or other programs related to clinical 20 laboratory practice that are approved or accepted by the 21 Board or proof of recertification by a national accrediting 22 organization that mandates an annual minimum of 12 hours of 23 continuing education. 24 (c) The Department may require other such evidence of 25 competency as it shall deem reasonably appropriate as a 26 prerequisite to the renewal of any license provided for in 27 this Act, so long as the requirements are uniform as to 28 application, are reasonably related to the measurement of 29 qualification, performance, or competence, and are desirable 30 and necessary for the protection of the public health. 31 Section 65. Disciplinary grounds. 32 (a) The Department may refuse to issue or renew or -16- LRB093 07598 AMC 07777 b 1 revoke a license, may suspend, place on probation, censure, 2 or reprimand a licensee, or may take such other disciplinary 3 action as the Department may deem appropriate, including the 4 imposition of a civil penalty not to exceed $5,000 for 5 conduct that may result from but not necessarily be limited 6 to any of the following: 7 (1) A material misstatement in furnishing 8 information to the Department. 9 (2) A violation or negligent or intentional 10 disregard of this Act or the rules adopted pursuant to 11 this Act. 12 (3) A conviction of any crime under the laws of the 13 United States or any state or territory thereof which is 14 a felony or a misdemeanor, an essential element of which 15 is dishonesty or of any crime which is directly related 16 to the practice of the profession. 17 (4) Making any misrepresentation for the purpose of 18 obtaining registration or violating any provision of this 19 Act. 20 (5) Professional incompetence. 21 (6) Malpractice. 22 (7) Failing to provide information in response to a 23 written request made by the Department within 60 days 24 after receipt of the request. 25 (8) Discipline by another state, territory, or 26 country if at least one of the grounds for the discipline 27 is the same or substantially equivalent to those set 28 forth in this Act. 29 (9) Directly or indirectly giving to or receiving 30 from any person, firm, corporation, partnership, or 31 association any fee, commission, rebate, or other form of 32 compensation for any professional services not actually 33 rendered. 34 (10) A finding by the Department that the licensee, -17- LRB093 07598 AMC 07777 b 1 after having his license placed on probationary status, 2 has violated the terms of probation. 3 (11) Wilfully making or filing false records or 4 reports in his or her practice, including but not limited 5 to, false records filed with State agencies or 6 departments. 7 (12) Violation of any standard of professional 8 conduct adopted by the Department. 9 (13) Engaging in dishonorable, unethical, or 10 unprofessional conduct of a character likely to deceive, 11 defraud, or harm the public. 12 (14) Providing professional services while mentally 13 incompetent or under the influence of alcohol or narcotic 14 or controlled dangerous substance that is in excess of 15 therapeutic amounts or without valid medical indication. 16 (15) Directly or indirectly contracting to perform 17 clinical laboratory tests in a manner that offers or 18 implies an offer of rebate, fee-splitting inducements or 19 arrangements, or other remuneration. 20 (16) Aiding or assisting another person in 21 violating any provision of this Act or any rule adopted 22 pursuant to this Act. 23 (b) The determination by a circuit court that a licensee 24 is subject to involuntary admission or judicial admission as 25 provided in the Mental Health and Developmental Disabilities 26 Code operates as an automatic suspension. Such suspension 27 will terminate only upon a finding by a court that the 28 patient is no longer subject to involuntary admission or 29 judicial admission and the issuance of an order so finding 30 and discharging the patient, and upon the recommendation of 31 the Board to the Director that the registrant be allowed to 32 resume practice. 33 (c) The Department may refuse to issue or may suspend 34 the registration of any person who fails to file a return, to -18- LRB093 07598 AMC 07777 b 1 pay the tax, penalty, or interest shown in a filed return, or 2 any final assessment of tax, penalty, or interest, as 3 required by any tax Act administered by the Illinois 4 Department of Revenue, until such time as the requirements of 5 such tax Act are satisfied. 6 Section 70. Injunction; cease and desist order. 7 (a) If any person violates a provision of the Act, the 8 Director may, in the name of the People of the State of 9 Illinois, through the Attorney General of the State of 10 Illinois, petition for an order enjoining such violation or 11 for an order enforcing compliance with the Act. Upon the 12 filing of a verified petition in such court, the court may 13 issue a temporary restraining order, without notice or bond, 14 and may preliminarily and permanently enjoin such violation, 15 and if it is established that such person has violated or is 16 violating this injunction, the Court may punish the offender 17 for contempt of court. Proceeding under this Section shall be 18 in addition to, and not in lieu of, all other remedies and 19 penalties provided by the Act. 20 (b) If any person shall practice as a clinical 21 laboratory practitioner or hold himself out as such without 22 having a valid license required under this Act, then any 23 licensee, any interested party, or any person injured thereby 24 may, in addition to the Director, petition for relief as 25 provided in subsection (a) of the Section. 26 (c) Whenever in the opinion of the Department any person 27 violates any provision of the Act, the Department may issue a 28 rule to show cause why an order to cease and desist should 29 not be entered against him. The rule shall clearly set forth 30 the grounds relied upon by the Department and shall provide a 31 period of 7 days from the date of the rule to file an answer 32 to the satisfaction of the Department. Failure to answer to 33 the satisfaction of the Department shall cause an order to -19- LRB093 07598 AMC 07777 b 1 cease and desist to be issued. 2 Section 75. Investigations. The Department may 3 investigate the actions of any applicant or of any person or 4 persons holding or claiming to hold a license to engage in 5 the practice of clinical laboratory science. Before refusing 6 to issue or renew a license, the Department shall notify in 7 writing the applicant or holder of the nature of the charges 8 and that a hearing will be held on the date designated. Such 9 notice shall be sent at least 10 calendar days prior to the 10 date set for the hearing. Such written notice may be served 11 by personal delivery or certified or registered mail to the 12 respondent at the address of his last notification to the 13 Department. At the time and place fixed in the notice, the 14 Board shall proceed to hear the charges and the parties or 15 their counsel shall be accorded ample opportunity to present 16 such statements, testimony, evidence and argument as may be 17 pertinent to the charges or to the defense thereto. The Board 18 may continue such hearing. 19 Section 80. Record of proceedings. The Department, at 20 its expense, shall preserve a record of all proceedings at 21 the formal hearing of any case involving the refusal to issue 22 or renew a license. The notice of hearing, complaint and all 23 other documents in the nature of pleadings and written 24 motions filed in the proceedings, the transcript of 25 testimony, the report of the Board and orders of the 26 Department shall be the record of such proceedings. 27 Section 85. Compel witnesses. Any circuit court may, 28 upon application of the Department or its designee, or of the 29 applicant or licensee against whom proceedings under Section 30 70 of the Act are pending, enter an order requiring the 31 attendance of witnesses and their testimony, and the -20- LRB093 07598 AMC 07777 b 1 production of documents, papers, files, books, and records in 2 connection with any hearing or investigation. The court may 3 compel obedience to its order by proceedings for contempt. 4 Section 90. Findings of fact, conclusions of law, and 5 recommendations. At the conclusion of the hearing, the Board 6 shall present to the Director a written report of its 7 findings and recommendations. The report shall contain a 8 finding whether or not the accused person violated this Act 9 or failed to comply with the conditions required in this Act. 10 The Board shall specify the nature of the violation or 11 failure to comply, and shall make its recommendations to the 12 Director. 13 The report of findings of fact, conclusions of law, and 14 recommendations of the Board shall be the basis for the 15 Department's order for refusal or for the granting of a 16 license or for other disciplinary action. If the Director 17 disagrees in any regard with the report of the Board, the 18 Director may issue an order in contravention thereof. The 19 Director shall provide a written report to the Board on any 20 deviation and shall specify with particularity the reasons 21 for such action in the final order. The finding is not 22 admissible in evidence against the person in a criminal 23 prosecution brought for the violation of this Act, but the 24 hearing and finding are not a bar to a criminal prosecution 25 brought for the violation of this Act. 26 Section 95. Motion for rehearing. In any case involving 27 the refusal to issue or renew a license or to discipline a 28 licensee, a copy of the Board's report shall be served upon 29 the respondent by the Department, either personally or as 30 provided in this Act for the service of the notice of 31 hearing. Within 20 calendar days after such service, the 32 respondent may present to the Department a motion in writing -21- LRB093 07598 AMC 07777 b 1 for a rehearing, which motion shall specify the particular 2 grounds therefor. If no motion for rehearing is filed, then 3 upon the expiration of the time specified for filing such a 4 motion, or if a motion for rehearing is denied, then upon 5 such denial the Director may enter an order in accordance 6 with recommendations of the Board, except as provided for in 7 Section 85. If the respondent shall order from the reporting 8 service, and pay for a transcript of the record within the 9 time for filing a motion for rehearing, the 20 calendar day 10 period within which such a motion may be filed shall commence 11 upon the delivery of the transcript to the respondent. 12 Section 100. Rehearing. Whenever the Director is not 13 satisfied that substantial justice has been done in the 14 revocation, suspension or refusal to issue or renew a 15 license, the Director may order a rehearing by the same or 16 other examiners. 17 Section 105. Hearing officer. The Director shall have 18 the authority to appoint any attorney duly licensed to 19 practice law in the State of Illinois to serve as the hearing 20 officer in any action or refusal to issue or renew a license 21 or discipline a licensee. The Director shall notify the Board 22 of any such appointment. The hearing officer shall have full 23 authority to conduct the hearing. The hearing officer shall 24 report his finding of fact, conclusions of law, and 25 recommendations to the Board and the Director. The Board 26 shall have 60 days from receipt of the report to review the 27 report of the hearing officer and present its own findings of 28 fact, conclusions of law and recommendations to the Director. 29 If the Board fails to present its report within the 60 day 30 period, the Director shall issue an order based on the report 31 of the hearing officer. If the Director disagrees in any 32 regard with the report of the Board or hearing officer, he -22- LRB093 07598 AMC 07777 b 1 may issue an order in contravention thereof. The Director 2 shall provide a written explanation to the Board of any such 3 deviation and shall specify with particularity the reasons 4 for such action in the final order. At least 2 licensed 5 clinical laboratory practitioner members of the Board shall 6 be present at all formal hearings on the merits of complaints 7 brought under the provisions of this Act. 8 Section 110. Prima facie proof. An order or a certified 9 copy thereof, over the seal of the Department and purporting 10 to be signed by the Director, shall be prima facie proof 11 that: 12 (1) the signature is the genuine signature of the 13 Director; 14 (2) the Director is duly appointed and qualified; 15 and 16 (3) the Board and its members are qualified to act. 17 Section 115. Restoration. At any time after the 18 suspension or revocation of any license, the Department may 19 restore the license to the accused person, upon the written 20 recommendation of the Board, unless after an investigation 21 and a hearing, the Board determines that restoration is not 22 in the public interest. 23 Section 120. Surrender of license. Upon the revocation 24 or suspension of any license, the licensee shall forthwith 25 surrender the license to the Department, and if the licensee 26 fails to do so, the Department shall have the right to seize 27 the license. 28 Section 125. Temporary suspension. The Director may 29 temporarily suspend the license of a clinical laboratory 30 practitioner without a hearing, simultaneously with the -23- LRB093 07598 AMC 07777 b 1 institution of proceedings for a hearing as provided in 2 Section 70 of this Act, if the Director finds that evidence 3 in his or her possession indicates that a clinical laboratory 4 practitioner's continuation in practice would constitute an 5 imminent danger to the public. In the event that the Director 6 suspends temporarily the license of a clinical laboratory 7 practitioner without a hearing, a hearing by the Board must 8 be held within 30 calendar days after such suspension has 9 occurred. 10 Section 130. Judicial review. All final administrative 11 decisions of the Department are subject to judicial review 12 pursuant to the provisions of the Administrative Review Law 13 and all rules adopted pursuant thereto. The term 14 "administrative decision" is defined as in Section 3-101 of 15 the Administrative Review Law. Proceedings for judicial 16 review shall be commenced in the circuit court of the county 17 in which the party applying for review resides. If the party 18 is not a resident of this State, the venue shall be in 19 Sangamon County. 20 Section 135. Certification of record. The Department 21 shall not be required to certify any record to the court or 22 file any answer in court or otherwise appear in any court in 23 a judicial review proceeding, unless there is filed in the 24 court, with the complaint, a receipt from the Department 25 acknowledging payment of the costs of furnishing and 26 certifying the record, which costs shall be computed at the 27 actual cost per page of such record. Failure on the part of 28 the plaintiff to file such receipt in court shall be grounds 29 for dismissal of the action. 30 Section 140. Criminal penalties. Any person who is found 31 to have violated any provision of the Act is guilty of a -24- LRB093 07598 AMC 07777 b 1 Class A misdemeanor for the first offense, and a Class 4 2 felony for second and subsequent offenses. 3 Section 145. Illinois Administrative Procedure Act. The 4 Illinois Administrative Procedure Act is hereby expressly 5 adopted and incorporated herein as if all of the provisions 6 of such Act were included in this Act, except that the 7 provision of paragraph (d) of Section 10-65 of The Illinois 8 Administrative Procedure Act, which provides that at hearings 9 the licensee has the right to show compliance with all lawful 10 requirements for retention, continuation, or renewal of the 11 license is specifically excluded. For the purpose of this 12 Act, the notice required under Section 10-25 of The Illinois 13 Administrative Procedure Act is deemed sufficient when mailed 14 to the last know address of a party. 15 Section 150. Home rule. The regulation and licensing of 16 clinical laboratory practitioners are exclusive powers and 17 functions of the State. A unit of local government, including 18 home rule units, may not regulate or license clinical 19 laboratory practitioners. This Section is a denial and 20 limitation under subsection (h) of Section 6 of Article VII 21 of the Illinois Constitution. 22 Section 997. Severability. The provisions of this Act 23 are severable under Section 1.31 of the Statute on Statutes. 24 Section 999. Effective date. This Act takes effect upon 25 becoming law.