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91_SB0124enr SB124 Enrolled LRB9102224ACdv 1 AN ACT concerning the regulation of perfusionists. 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 Perfusionist Practice Act. 6 Section 5. Objects and purposes. Practice as a 7 perfusionist in the State of Illinois is declared to affect 8 the public health, safety, and welfare and to be subject to 9 regulation and control in the public interest. The purpose 10 and legislative intent of this Act is to encourage and 11 promote the more effective utilization of the skills of 12 physicians by enabling them to delegate certain health 13 related procedures to perfusionists when the delegation is 14 consistent with the health and welfare of the patient and is 15 conducted at the direction of and under the responsible 16 supervision of the physician. 17 It is further declared to be a matter of public health 18 and concern that the practice as a perfusionist merit and 19 receive the confidence of the public and, therefore, that 20 only qualified persons be authorized to practice as 21 perfusionists in the State of Illinois. This Act shall be 22 liberally construed to best carry out these subjects and 23 purposes. 24 Section 10. Definitions. As used in this Act: 25 "Board" means the Board of Perfusion. 26 "Department" means the Department of Professional 27 Regulation. 28 "Director" means the Director of Professional Regulation. 29 "Extracorporeal circulation" means the diversion of a 30 patient's blood through a heart-lung machine or a similar SB124 Enrolled -2- LRB9102224ACdv 1 device that assumes the functions of the patient's heart, 2 lungs, kidney, liver, or other organs. 3 "New graduate perfusionist" means a perfusionist 4 practicing within a period of one year since the date of 5 graduation from a Commission on Accreditation of Allied 6 Health Education Programs accredited perfusion education 7 program. 8 "Perfusion" means the functions necessary for the 9 support, treatment, measurement, or supplementation of the 10 cardiovascular systems or other organs, or a combination of 11 those functions, and to ensure the safe management of 12 physiologic functions by monitoring and analyzing the 13 parameters of the systems under an order and under the 14 supervision of a physician licensed to practice medicine in 15 all its branches. 16 "Perfusionist" means a person, qualified by academic and 17 clinical education, to operate the extracorporeal circulation 18 equipment during any medical situation where it is necessary 19 to support or replace a person's cardiopulmonary, 20 circulatory, or respiratory function. A perfusionist is 21 responsible for the selection of appropriate equipment and 22 techniques necessary for support, treatment, measurement, or 23 supplementation of the cardiopulmonary and circulatory system 24 of a patient, including the safe monitoring, analysis, and 25 treatment of physiologic conditions under an order and under 26 the supervision of a physician licensed to practice medicine 27 in all its branches and in coordination with a registered 28 professional nurse. 29 "Perfusion protocols" means perfusion related policies 30 and protocols developed or approved by a licensed health 31 facility or a physician through collaboration with 32 administrators, licensed perfusionists, and other health care 33 professionals. 34 "Physician" or "operating physician" means a person SB124 Enrolled -3- LRB9102224ACdv 1 licensed to practice medicine in all of its branches under 2 the Medical Practice Act of 1987. 3 Section 15. Powers and duties of the Department. 4 (a) The Department shall exercise the powers and duties 5 prescribed by the Civil Administrative Code of Illinois for 6 the administration of licensing Acts and shall exercise any 7 other powers and duties necessary for effectuating the 8 purposes of this Act. 9 (b) The Department may adopt rules consistent with the 10 provisions of this Act for its administration and enforcement 11 and may prescribe forms that shall be issued in connection 12 with this Act. The rules may include but are not limited to 13 standards and criteria for licensure, professional conduct, 14 and discipline. 15 Section 20. Illinois Administrative Procedure Act; rules. 16 (a) The Illinois Administrative Procedure Act is 17 expressly adopted and incorporated in this Act as if all of 18 the provisions of the Illinois Administrative Procedure Act 19 were included in this Act, except that the provision of 20 subsection (d) of Section 10-65 of the Illinois 21 Administrative Procedure Act that provides that at hearings 22 the licensee has the right to show compliance with all lawful 23 requirements for retention, continuation, or renewal of the 24 license is specifically excluded. For purposes of this Act, 25 the notice required under Section 10-25 of the Illinois 26 Administrative Procedure Act is deemed sufficient when mailed 27 to the last known address of a party. 28 (b) The Director may promulgate rules for the 29 administration and enforcement of this Act and may prescribe 30 forms to be issued in connection with this Act. 31 Section 25. Board of Perfusion. The Director shall SB124 Enrolled -4- LRB9102224ACdv 1 appoint a Board of Perfusion to consist of 5 persons who 2 shall be appointed by and shall serve in an advisory capacity 3 to the Director. Two members must hold an active license to 4 engage in the practice of perfusion in this State, one member 5 must be a physician licensed under the Medical Practice Act 6 of 1987 who is board certified in and actively engaged in the 7 practice of cardiothoracic surgery, one member must be a 8 licensed registered professional nurse certified by the 9 Association of Operating Room Nurses, and one member must be 10 a member of the public who is not licensed under this Act or 11 a similar Act of another jurisdiction and who has no 12 connection with the profession. The initial appointees who 13 would otherwise be required to be licensed perfusionists 14 shall instead be individuals who have been practicing 15 perfusion for at least 5 years and who are eligible under 16 this Act for licensure as perfusionists. 17 Members shall serve 4-year terms and until their 18 successors are appointed and qualified, except that, of the 19 initial appointments, 2 members shall be appointed to serve 20 for 2 years, 2 members shall be appointed to serve for 3 21 years, and 1 member shall be appointed to serve for 4 years, 22 and until their successors are appointed and qualified. No 23 member shall be reappointed to the Board for a term that 24 would cause his or her continuous service on the Board to be 25 longer than 8 consecutive years. Appointments to fill 26 vacancies shall be made in the same manner as original 27 appointments for the unexpired portion of the vacated term. 28 Initial terms shall begin upon the effective date of this 29 Act. 30 The Board shall annually elect a chairperson and a 31 vice-chairperson who shall preside in the absence of the 32 chairperson. The membership of the Board should reasonably 33 reflect representation from the various geographic areas in 34 this State. The Director may terminate the appointment of SB124 Enrolled -5- LRB9102224ACdv 1 any member for cause. The Director may give due 2 consideration to all recommendations of the Board. A 3 majority of the Board members currently appointed shall 4 constitute a quorum. A vacancy in the membership of the 5 Board shall not impair the right of a quorum to exercise the 6 rights and perform all the duties of the Board. Members of 7 the Board shall have no liability in any action based upon 8 any disciplinary proceeding or other activity performed in 9 good faith as a member of the Board. 10 Section 30. Application for licensure. An application 11 for an initial license shall be made to the Department in 12 writing on forms prescribed by the Department and shall be 13 accompanied by the required nonrefundable fee. An 14 application shall require information that, in the judgment 15 of the Department, will enable the Department to evaluate the 16 qualifications of an applicant for licensure. 17 If an applicant fails to obtain a license under this Act 18 within 3 years after filing his or her application, the 19 application shall be denied. The applicant may make a new 20 application, which shall be accompanied by the required 21 nonrefundable fee. The applicant shall be required to meet 22 the qualifications required for licensure at the time of 23 reapplication. 24 A person shall be qualified for licensure as a 25 perfusionist if that person: 26 (1) has applied to the Department for licensure in 27 accordance with this Section; 28 (2) has not violated a provision of Section 110 of 29 this Act; in addition the Department may take into 30 consideration any felony conviction of the applicant, but 31 a conviction shall not operate as an absolute bar to 32 licensure; and 33 (3) has successfully completed the examination SB124 Enrolled -6- LRB9102224ACdv 1 provided by the American Board of Cardiovascular 2 Perfusion (ABCP) or its successor agency or a 3 substantially equivalent examination approved by the 4 Department; 5 (4) has met the requirements for certification set 6 forth by the American Board of Cardiovascular Perfusion 7 or its successor agency; and 8 (5) has graduated from a school accredited by the 9 Commission on the Accreditation of Allied Health 10 Education Programs (CAAHEP) or a similar accrediting body 11 approved by the Department. 12 Section 40. Practice prohibited. No person may use the 13 title and designation of a "Licensed Perfusionist", 14 "Certified Perfusionist", "Certified Clinical Perfusionist", 15 "Perfusionist", or "CCP", either directly or indirectly, in 16 connection with his or her profession or business, unless he 17 or she has been issued a valid, existing license as a 18 perfusionist under this Act. 19 No person may practice, offer to practice, attempt to 20 practice, or hold himself or herself out to practice as a 21 licensed perfusionist without being licensed under this Act. 22 This does not mean that all of the aspects of practice listed 23 in Sections 10 and 50 of this Act are practices or skills 24 only a perfusionist can perform. Other licensed or certified 25 persons may, if qualified, be allowed to perform some or all 26 of these practices. 27 Section 42. Implementation period. The licensure 28 requirements of Sections 30 and 40 shall not be enforced 29 until 12 months after the adoption of final administrative 30 rules. 31 Section 45. Application of Act. This Act shall not be SB124 Enrolled -7- LRB9102224ACdv 1 construed to prohibit the following: 2 (1) a person licensed in this State under any other Act 3 from engaging in the practice for which he or she is 4 licensed; 5 (2) a student enrolled in an accredited perfusion 6 education program from performing perfusion services if 7 perfusion services performed by the student: 8 (A) are an integral part of the student's course of 9 study; and 10 (B) are performed under the direct supervision of a 11 licensed perfusionist who is assigned to supervise the 12 student and who is on duty and immediately available in 13 the assigned patient care area; 14 (3) a new graduate from performing perfusion services, 15 if perfusion services performed by the new graduate 16 perfusionist: 17 (A) are necessary to fulfill the eligibility 18 requirements for the ABCP certification examination 19 required under subsection (3) of Section 30; and 20 (B) are performed under the direct supervision and 21 responsibility of a licensed perfusionist who is assigned 22 to supervise the graduate perfusionist and who is on duty 23 and immediately available in the assigned patient care 24 area; 25 (4) any legally qualified perfusionist employed by the 26 United States government from engaging in the practice of 27 perfusion while in the discharge of his or her official 28 duties; or 29 (5) one or more licensed perfusionists from forming a 30 professional service corporation in accordance with the 31 Professional Service Corporation Act. 32 Section 50. Scope of practice. The scope of practice as 33 a clinical perfusionist includes the following functions: SB124 Enrolled -8- LRB9102224ACdv 1 (1) the use of extracorporeal circulation, 2 long-term cardiopulmonary support techniques, including 3 extracorporeal carbon dioxide removal and extracorporeal 4 membrane oxygenation, and associated therapeutic and 5 diagnostic techniques; 6 (2) counterpulsation, ventricular assistance, 7 autotransfusion, blood conservation techniques, 8 myocardial and organ preservation, extracorporeal life 9 support, and isolated limb perfusion; 10 (3) blood management techniques, advanced life 11 support, and other related functions; and 12 (4) in the performance of the acts described in 13 items (1) through (3) of this Section: 14 (A) the administration of (i) pharmacological 15 and therapeutic agents and (ii) blood products or 16 anesthetic agents through the extracorporeal circuit 17 or through an intravenous line in conjunction with 18 extracorporeal support, as ordered by and under the 19 direct supervision of a physician licensed to 20 practice medicine in all its branches; 21 (B) the performance and use of (i) 22 anticoagulation monitoring and analysis, (ii) 23 physiologic monitoring and analysis, (iii) blood gas 24 and chemistry monitoring and analysis, (iv) 25 hematologic monitoring and analysis, (v) 26 hypothermia, (vi) hyperthermia, (vii) 27 hemoconcentration and hemodilution, and (viii) 28 cardiopulmonary hemodialysis; and 29 (C) the observation of signs and symptoms 30 related to perfusion services, the determination of 31 whether the signs and symptoms exhibit abnormal 32 characteristics, and the implementation of 33 appropriate reporting, perfusion protocols or 34 changes in or the initiation of emergency SB124 Enrolled -9- LRB9102224ACdv 1 procedures. 2 Section 60. Display of license; change of address. 3 (a) The Department shall issue a perfusionist license 4 to a person meeting the application and qualification 5 requirements of Section 30 of this Act. However, a person is 6 eligible for one year from the effective date of this Act to 7 make application to the Board and receives a license 8 notwithstanding the requirements of Section 30 of this Act if 9 the person is actively engaged in the practice of perfusion 10 consistent with applicable law and if the person has at least 11 5 years experience operating cardiopulmonary bypass systems 12 during cardiac surgical cases in a licensed health care 13 facility as the person's primary function between January 1, 14 1991 and the effective date of this Act. 15 (b) A licensee shall maintain on file at all times 16 during which the licensee provides services in a health care 17 facility a true and correct copy of the license certificate 18 in the appropriate records of the facility. 19 Section 65. Licensure by endorsement. The Department 20 may, in its discretion, license as a perfusionist, without 21 examination and on payment of the required fee, an applicant 22 who (1) is licensed as a perfusionist under the laws of 23 another state, territory, or country, if the requirements for 24 licensure in that state, territory, or country in which the 25 applicant was licensed were, at the date of his or her 26 licensure, substantially equal to the requirements in force 27 in this State on that date or (2) holds a current certificate 28 as a certified clinical perfusionist issued by the American 29 Board of Cardiovascular Perfusion (ABCP), or its successor 30 organization, prior to January 1, 1999. 31 Section 70. Renewal, reinstatement or restoration of SB124 Enrolled -10- LRB9102224ACdv 1 license; continuing education; military service. The 2 expiration date and renewal period for each license issued 3 under this Act shall be set by the Department by rule. 4 Renewal shall be conditioned on paying the required fee and 5 meeting other requirements as may be established by rule. 6 A licensee who has permitted his or her license to 7 expire or who has had his or her license on inactive 8 status may have the license restored by making 9 application to the Department, by filing proof acceptable to 10 the Department of his or her fitness to have the license 11 restored, and by paying the required fees. Proof of fitness 12 may include sworn evidence certifying to active lawful 13 practice in another jurisdiction. 14 If the licensee has not maintained an active practice 15 in another jurisdiction satisfactory to the Department, 16 the Department shall determine, by an evaluation program 17 established by rule, his or her fitness for 18 restoration of the license and shall establish procedures and 19 requirements for restoration. However, a licensee whose 20 license expired while he or she was (1) in federal 21 service on active duty with the Armed Forces of the United 22 States or the State Militia called into service or 23 training or (2) in training or education under the 24 supervision of the United States before induction into 25 the military service, may have the license restored without 26 paying any lapsed renewal fees if within 2 years after 27 honorable termination of the service, training, or 28 education he or she furnishes the Department with 29 satisfactory evidence to the effect that he or she has 30 been so engaged and that his or her service, training, or 31 education has been so terminated. 32 Section 80. Inactive status. A licensee who notifies 33 the Department in writing on forms prescribed by the SB124 Enrolled -11- LRB9102224ACdv 1 Department may elect to place his or her license on an 2 inactive status and shall, subject to rules of the 3 Department, be excused from payment of renewal fees until he 4 or she notifies the Department in writing of his or her 5 intention to restore the license. A licensee requesting 6 restoration from inactive status shall pay the current 7 renewal fee and shall restore his or her license in 8 accordance with Section 70 of this Act. A licensee whose 9 license is on inactive status shall not practice as a 10 perfusionist in this State. A licensee who engages in 11 practice as a perfusionist while his or her license is lapsed 12 or on inactive status shall be considered to be practicing 13 without a license, which shall be grounds for discipline 14 under Section 105 of this Act. 15 Section 90. Fees; returned checks. 16 (a) The Department shall set by rule fees for the 17 administration of this Act, including but not limited to fees 18 for initial and renewal licensure and restoration of a 19 license. 20 (b) All of the fees collected under this Act shall be 21 deposited into the General Professions Dedicated Fund. The 22 monies deposited into the Fund shall be appropriated to the 23 Department for expenses of the Department in the 24 administration of this Act. 25 (c) A person who delivers a check or other payment to 26 the Department that is returned to the Department unpaid by 27 the financial institution upon which it is drawn shall pay to 28 the Department, in addition to the amount already owed to the 29 Department, a fine of $50. If the check or other payment was 30 for a renewal or issuance fee and that person practices 31 without paying the renewal fee or issuance fee and the fine 32 due, an additional fine of $100 shall be imposed. The fines 33 imposed by this Section are in addition to any other SB124 Enrolled -12- LRB9102224ACdv 1 discipline provided under this Act for unlicensed practice or 2 practice on a nonrenewed license. The Department shall 3 notify the person that fees and fines shall be paid to the 4 Department by certified check or money order within 30 5 calendar days of the notification. If, after the expiration 6 of 30 days from the date of the notification, the person has 7 failed to submit the necessary remittance, the Department 8 shall automatically terminate the license or deny the 9 application without a hearing. If the person seeks a license 10 after termination or denial, he or she shall apply to the 11 Department for restoration or issuance of the license and 12 pay all fees and fines due to the Department. The Department 13 may establish a fee for the processing of an application for 14 restoration of a license to defray the expenses of processing 15 the application. The Director may waive the fines due under 16 this Section in individual cases if the Director finds that 17 the fines would be unreasonable or unnecessarily burdensome. 18 Section 95. Roster. The Department shall maintain a 19 roster of the names and addresses of all licensees and of all 20 persons whose licenses have been disciplined. This roster 21 shall be available upon written request and payment of the 22 required fee. 23 Section 100. Unlicensed practice; civil penalty. A 24 person who practices, offers to practice, attempts to 25 practice, or holds himself or herself out to practice as a 26 licensed perfusionist without being licensed under this Act 27 shall, in addition to any other penalty provided by law, pay 28 a civil penalty to the Department in an amount not to exceed 29 $5,000 for each offense as determined by the Department. The 30 civil penalty shall be assessed by the Department after a 31 hearing is held in accordance with the provisions set forth 32 in this Act regarding the provision of a hearing for the SB124 Enrolled -13- LRB9102224ACdv 1 discipline of a licensee. 2 Section 105. Grounds for disciplinary action. 3 (a) The Department may refuse to issue, renew, or 4 restore a license, may revoke or suspend a license, or may 5 place on probation, censure, reprimand, or take other 6 disciplinary action with regard to a person licensed under 7 this Act, including but not limited to the imposition of 8 fines not to exceed $5,000 for each violation, for any one or 9 combination of the following causes: 10 (1) Making a material misstatement in furnishing 11 information to the Department. 12 (2) Violating a provision of this Act or its rules. 13 (3) Conviction under the laws of a United States 14 jurisdiction of a crime that is a felony or a 15 misdemeanor, an essential element of which is dishonesty, 16 or of a crime that is directly related to the practice as 17 a perfusionist. 18 (4) Making a misrepresentation for the purpose of 19 obtaining, renewing, or restoring a license. 20 (5) Wilfully aiding or assisting another person in 21 violating a provision of this Act or its rules. 22 (6) Failing to provide information within 60 days 23 in response to a written request made by the Department. 24 (7) Engaging in dishonorable, unethical, or 25 unprofessional conduct of a character likely to deceive, 26 defraud, or harm the public, as defined by rule of the 27 Department. 28 (8) Discipline by another United States 29 jurisdiction or foreign nation, if at least one of the 30 grounds for discipline is the same or substantially 31 equivalent to those set forth in this Section. 32 (9) Directly or indirectly giving to or receiving 33 from a person, firm, corporation, partnership, or SB124 Enrolled -14- LRB9102224ACdv 1 association a fee, commission, rebate, or other form of 2 compensation for professional services not actually or 3 personally rendered. 4 (10) A finding by the Board that the licensee, 5 after having his or her license placed on probationary 6 status, has violated the terms of probation. 7 (11) Wilfully making or filing false records or 8 reports in his or her practice, including but not limited 9 to false records or reports filed with State agencies. 10 (12) Wilfully making or signing a false statement, 11 certificate, or affidavit to induce payment. 12 (13) Wilfully failing to report an instance of 13 suspected child abuse or neglect as required under the 14 Abused and Neglected Child Reporting Act. 15 (14) Being named as a perpetrator in an indicated 16 report by the Department of Children and Family Services 17 under the Abused and Neglected Child Reporting Act and 18 upon proof by clear and convincing evidence that the 19 licensee has caused a child to be an abused child or 20 neglected child as defined in the Abused and Neglected 21 Child Reporting Act. 22 (15) Employment of fraud, deception, or any 23 unlawful means in applying for or securing a license as a 24 perfusionist. 25 (16) Allowing another person to use his or her 26 license to practice. 27 (17) Failure to report to the Department (A) any 28 adverse final action taken against the licensee by 29 another licensing jurisdiction, government agency, law 30 enforcement agency, or any court or (B) liability for 31 conduct that would constitute grounds for action as set 32 forth in this Section. 33 (18) Habitual intoxication or addiction to the use 34 of drugs. SB124 Enrolled -15- LRB9102224ACdv 1 (19) Physical illness, including but not limited to 2 deterioration through the aging process or loss of motor 3 skills, which results in the inability to practice the 4 profession for which he or she is licensed with 5 reasonable judgment, skill, or safety. 6 (20) Gross malpractice resulting in permanent 7 injury or death of a patient. 8 (21) Immoral conduct in the commission of an act 9 related to the licensee's practice, including but not 10 limited to sexual abuse, sexual misconduct, or sexual 11 exploitation. 12 (22) Violation of the Health Care Worker 13 Self-Referral Act. 14 (b) The Department may refuse to issue or may suspend 15 the license of a person who fails to file a return, to pay 16 the tax, penalty, or interest shown in a filed return, or to 17 pay a final assessment of the tax, penalty, or interest as 18 required by a tax Act administered by the Department of 19 Revenue, until the requirements of the tax Act are satisfied. 20 (c) The determination by a circuit court that a licensee 21 is subject to involuntary admission or judicial admission as 22 provided in the Mental Health and Developmental Disabilities 23 Code operates as an automatic suspension. The suspension will 24 end only upon (1) a finding by a court that the patient is no 25 longer subject to involuntary admission or judicial 26 admission, (2) issuance of an order so finding and 27 discharging the patient, and (3) the recommendation of the 28 Disciplinary Board to the Director that the licensee be 29 allowed to resume his or her practice. 30 Section 110. Injunctions; criminal offenses; cease and 31 desist order. 32 (a) If any person violates the provisions of this Act, 33 the Director may, in the name of the People of the State of SB124 Enrolled -16- LRB9102224ACdv 1 Illinois, through the Attorney General of the State of 2 Illinois or the State's Attorney for any county in which the 3 action is brought, petition for an order enjoining the 4 violation or for an order enforcing compliance with this Act. 5 Upon the filing of a verified petition in court, the court 6 may issue a temporary restraining order, without notice or 7 condition, and may preliminarily and permanently enjoin the 8 violation. If it is established that the person has violated 9 or is violating the injunction, the Court may punish the 10 offender for contempt of court. Proceedings under this 11 Section shall be in addition to, and not in lieu of, all 12 other remedies and penalties provided by this Act. 13 (b) Whenever in the opinion of the Department a person 14 violates a provision of this Act, the Department may issue a 15 rule to show cause why an order to cease and desist should 16 not be entered against that person. The rule shall clearly 17 set forth the grounds relied upon by the Department and shall 18 allow at least 7 days from the date of the rule to file an 19 answer to the satisfaction of the Department. Failure to 20 answer to the satisfaction of the Department shall cause an 21 order to cease and desist to be issued immediately. 22 (c) Other than as provided in Section 45 of this Act, if 23 any person practices as a perfusionist or holds himself or 24 herself out as a licensed perfusionist under this Act without 25 being issued a valid existing license by the Department, 26 then any licensed perfusionist, any interested party, or any 27 person injured thereby may, in addition to the Director, 28 petition for relief as provided in subsection (a) of this 29 Section. 30 Section 115. Cease and desist order. 31 (a) If a person violates a provision of this Act, the 32 Director, in the name of the People of the State of Illinois 33 through the Attorney General of the State of Illinois, or the SB124 Enrolled -17- LRB9102224ACdv 1 State's Attorney of a county in which the violation occurs, 2 may petition for an order enjoining the violation or for an 3 order enforcing compliance with this Act. Upon the filing of 4 a verified petition in court, the court may issue a temporary 5 restraining order without notice or bond and may 6 preliminarily and permanently enjoin the violation. If it is 7 established that the licensee has violated or is violating 8 the injunction, the court may punish the offender for 9 contempt of court. Proceedings under this Section shall be 10 in addition to, and not in lieu of, all other remedies and 11 penalties provided by this Act. 12 (b) If a person practices as a perfusionist or holds 13 himself or herself out as a perfusionist without being 14 licensed under this Act, then any licensee under this Act, 15 interested party, or person injured thereby, in addition to 16 the Director or State's Attorney, may petition for relief as 17 provided in subsection (a) of this Section. 18 (c) If the Department determines that a person violated 19 a provision of this Act, the Department may issue a rule to 20 show cause why an order to cease and desist should not be 21 entered against him or her. The rule shall clearly set forth 22 the grounds relied upon by the Department and shall provide a 23 period of 7 days from the date of the rule to file an answer 24 to the satisfaction of the Department. Failure to answer to 25 the satisfaction of the Department shall cause an order to 26 cease and desist to be issued immediately. 27 Section 120. Investigation; notice; hearing. Licenses 28 may be refused, revoked, suspended, or otherwise disciplined 29 in the manner provided by this Act and not otherwise. The 30 Department may upon its own motion and shall upon the 31 verified complaint in writing of any person setting forth 32 facts that if proven would constitute grounds for refusal to 33 issue or for suspension or revocation under this Act, SB124 Enrolled -18- LRB9102224ACdv 1 investigate the actions of a person applying for, holding, or 2 claiming to hold a license. The Department shall, before 3 refusing to issue or renew, suspending, or revoking a license 4 or taking other discipline pursuant to Section 105 of this 5 Act, and at least 30 days prior to the date set for the 6 hearing, notify in writing the applicant or licensee of any 7 charges made, shall afford the applicant or licensee an 8 opportunity to be heard in person or by counsel in reference 9 to the charges, and direct the applicant or licensee to file 10 a written answer to the Department under oath within 20 days 11 after the service of the notice and inform the applicant or 12 licensee that failure to file an answer will result in 13 default being taken against the applicant or licensee and 14 that the license may be suspended, revoked, placed on 15 probationary status, or other disciplinary action may be 16 taken, including limiting the scope, nature, or extent of 17 practice, as the Director may deem proper. Written notice 18 may be served by personal delivery to the applicant or 19 licensee or by mailing the notice by certified mail to his or 20 her last known place of residence or to the place of business 21 last specified by the applicant or licensee in his or her 22 last notification to the Department. If the person fails to 23 file an answer after receiving notice, his or her license 24 may, in the discretion of the Department, be suspended, 25 revoked, or placed on probationary status or the Department 26 may take whatever disciplinary action deemed proper, 27 including limiting the scope, nature, or extent of the 28 person's practice or the imposition of a fine, without a 29 hearing, if the act or acts charged constitute sufficient 30 grounds for such action under this Act. At the time and 31 place fixed in the notice, the Department shall proceed to a 32 hearing of the charges and both the applicant or licensee and 33 the complainant shall be afforded ample opportunity to 34 present, in person or by counsel, any statements, testimony, SB124 Enrolled -19- LRB9102224ACdv 1 evidence, and arguments that may be pertinent to the charges 2 or to their defense. The Department may continue a hearing 3 from time to time. If the Board is not sitting at the time 4 and place fixed in the notice or at the time and place to 5 which the hearing shall have been continued, the Department 6 may continue the hearing for a period not to exceed 30 days. 7 Section 125. Record of proceedings. The Department, at 8 its expense, shall preserve a record of all proceedings at a 9 formal hearing conducted pursuant to Section 120 of this Act. 10 The notice of hearing, complaint, and all other documents in 11 the nature of pleadings and written motions filed in the 12 proceedings, the transcript of testimony, the report of the 13 Board or hearing officer, and orders of the Department shall 14 be the record of the proceeding. The Department shall supply 15 a transcript of the record to a person interested in the 16 hearing on payment of the fee required under Section 60f of 17 the Civil Administrative Code of Illinois. 18 Section 130. Order for production of documents. A 19 circuit court may, upon application of the Department or its 20 designee, or of the applicant or licensee against whom 21 proceedings pursuant to Section 120 of this Act are pending, 22 enter an order requiring the attendance of witnesses and 23 their testimony and the production of documents, papers, 24 files, books, and records in connection with a hearing or 25 investigation authorized by this Act. The court may compel 26 obedience to its order through contempt proceedings. 27 Section 140. Subpoena; oaths. The Department has the 28 power to subpoena and bring before it any person in this 29 State and to take testimony orally or by deposition, with the 30 same fees and mileage and in the same manner as prescribed by 31 law in judicial proceedings in civil cases in circuit courts SB124 Enrolled -20- LRB9102224ACdv 1 of this State. The Director and any Disciplinary Board member 2 designated by the Director shall each have the authority to 3 administer, at any hearing that the Department is authorized 4 to conduct under this Act, oaths to witnesses and any other 5 oaths authorized to be administered by the Department under 6 this Act. 7 Section 145. Findings of fact. At the conclusion of the 8 hearing, the Board shall present to the Director a written 9 report of its findings of fact, conclusions of law, and 10 recommendations. In the report, the Board shall make a 11 finding of whether or not the charged licensee or applicant 12 violated a provision of this Act or its rules and shall 13 specify the nature of the violation. In making its 14 recommendations for discipline, the Board may take into 15 consideration all facts and circumstances bearing upon the 16 reasonableness of the conduct of the respondent and the 17 potential for future harm to the public, including but not 18 limited to previous discipline of that respondent by the 19 Department, intent, degree of harm to the public and 20 likelihood of harm in the future, any restitution made, and 21 whether the incident or incidents complained of appear to be 22 isolated or a pattern of conduct. In making its 23 recommendations for discipline, the Board shall seek to 24 ensure that the severity of the discipline recommended bears 25 some reasonable relationship to the severity of the 26 violation. 27 Section 150. Service of report; rehearing. In a case 28 involving the refusal to issue or renew a license or the 29 discipline of a licensee, a copy of the Board's report shall 30 be served upon the respondent by the Department, either 31 personally or as provided under Section 120 of this Act for 32 the service of the notice of hearing. Within 20 days after SB124 Enrolled -21- LRB9102224ACdv 1 the service, the respondent may present to the Department a 2 motion in writing for a rehearing, which shall specify the 3 particular grounds for a rehearing. If no motion for 4 rehearing is filed, then upon the expiration of the time 5 specified for filing the motion, or if a motion for rehearing 6 is denied, then upon the denial the Director may enter an 7 order in accordance with recommendations of the Board, except 8 as provided in Section 160 or 165 of this Act. If the 9 respondent orders a transcript of the record from the 10 reporting service and pays for the transcript within the time 11 for filing a motion for rehearing, the 20-day period within 12 which such a motion may be filed shall commence upon the 13 delivery of the transcript to the respondent. 14 Section 160. Order of Director. 15 (a) The Director shall issue an order concerning the 16 disposition of the charges (i) following the expiration of 17 the filing period granted under Section 155 of this Act if no 18 motion for rehearing is filed or (ii) following a denial of a 19 timely motion for rehearing. 20 (b) The Director's order shall be based on the 21 recommendations contained in the Board's report unless, after 22 giving due consideration to the Board's report, the Director 23 disagrees in any regard with the report of the Board, in 24 which case he or she may issue an order in contravention of 25 the report. The Director shall provide a written report to 26 the Board on any deviation from the Board's report and shall 27 specify with particularity the reasons for his or her 28 deviation in the final order. The Board's report and 29 Director's order are not admissible in evidence against the 30 person in a criminal prosecution brought for a violation of 31 this Act, but the hearing, report, and order are not a bar to 32 a criminal prosecution brought for the violation of this Act. SB124 Enrolled -22- LRB9102224ACdv 1 Section 170. Hearing officer. Notwithstanding the 2 provisions of Section 120 of this Act, the Director shall 3 have the authority to appoint an attorney licensed to 4 practice law in this State to serve as the hearing officer in 5 a hearing authorized under Section 120 of this Act. The 6 Director shall notify the Board of an appointment. The 7 hearing officer shall have full authority to conduct the 8 hearing. The Board has the right to have at least one member 9 present at a hearing conducted by a hearing officer appointed 10 under this Section. The hearing officer shall report his or 11 her findings of fact, conclusions of law, and recommendations 12 to the Board and the Director. The Board shall have 60 days 13 from receipt of the report to review the report of the 14 hearing officer and to present its findings of fact, 15 conclusions of law, and recommendations to the Director. If 16 the Board fails to present its report within the 60-day 17 period, the Director shall issue an order based on the report 18 of the hearing officer. If the Director disagrees in any 19 regard with the report of the Board or hearing officer, he or 20 she may issue an order in contravention of the report. The 21 Director shall provide a written explanation to the Board on 22 a deviation from the Board's report and shall specify with 23 particularity the reasons for his or her deviation in the 24 final order. 25 Section 175. Rehearing on order of Director. Whenever the 26 Director is not satisfied that substantial justice has been 27 achieved in the discipline of a licensee, the Director may 28 order a rehearing by the same or another hearing officer or 29 by the Board. 30 Section 180. Order; prima facie proof. An order or a 31 certified copy of an order, over the seal of the Department 32 and purporting to be signed by the Director, shall be prima SB124 Enrolled -23- LRB9102224ACdv 1 facie proof that: 2 (1) the signature is the genuine signature of the 3 Director; 4 (2) the Director is duly appointed and qualified; 5 and 6 (3) the Board and its members are qualified to act. 7 Section 185. Restoration of license. At any time after 8 the suspension or revocation of a license, the Department may 9 restore it to the licensee unless, after an investigation and 10 a hearing, the Department determines that restoration is not 11 in the public interest. Where circumstances of suspension or 12 revocation so indicate, or on the recommendation of the 13 Board, the Department may require an examination of the 14 licensee before restoring his or her license. 15 Section 190. Surrender of license. Upon the revocation or 16 suspension of a license, the licensee shall immediately 17 surrender the license to the Department. If the licensee 18 fails to do so, the Department shall have the right to seize 19 the license. 20 Section 200. Temporary suspension. The Director may 21 temporarily suspend the license of a perfusionist without a 22 hearing, simultaneously with the institution of proceedings 23 for a hearing provided for in Section 120 of this Act, if the 24 Director finds that evidence in his or her possession 25 indicates that continuation in practice would constitute an 26 imminent danger to the public. If the Director temporarily 27 suspends a license without a hearing, a hearing by the 28 Department shall be held within 30 days after the suspension 29 has occurred and shall be concluded without appreciable 30 delay. SB124 Enrolled -24- LRB9102224ACdv 1 Section 205. Certificate of record. The Department shall 2 not be required to certify any record to a court or file an 3 answer in court or otherwise appear in a court in a judicial 4 review proceeding unless there is filed in the court, with 5 the complaint, a receipt from the Department acknowledging 6 payment of the costs of furnishing and certifying the record. 7 Failure on the part of the plaintiff to file a receipt in 8 court shall be grounds for dismissal of the action. 9 Section 210. Administrative Review Law. All final 10 administrative decisions of the Department are subject to 11 judicial review under the Administrative Review Law and its 12 rules. The term "administrative decision" is defined as in 13 Section 3-101 of the Code of Civil Procedure. Proceedings for 14 judicial review shall be commenced in the circuit court of 15 the county in which the party seeking review resides. If the 16 party seeking review is not a resident of this State, venue 17 shall be in Sangamon County. 18 Section 215. Criminal penalties. A person who is found 19 to have knowingly violated Section 10-5 or subsection (a) 20 of Section 220 of this Act is guilty of a Class A misdemeanor 21 for a first offense and is guilty of a Class 4 felony for a 22 second or subsequent offense. 23 Section 220. Unlicensed practice; civil penalties. 24 (a) No person shall practice, offer to practice, attempt 25 to practice, or hold himself or herself out to practice as a 26 perfusionist without a license issued by the Department to 27 that person under this Act. 28 (b) In addition to any other penalty provided by law, a 29 person who violates subsection (a) of this Section shall pay 30 a civil penalty to the Department in an amount not to exceed 31 $5,000 for each offense as determined by the Department. SB124 Enrolled -25- LRB9102224ACdv 1 The civil penalty shall be assessed by the Department 2 after a hearing is held in accordance with the provisions 3 set forth in this Act regarding a hearing for the 4 discipline of a licensee. 5 (c) The Department has the authority and power to 6 investigate any and all unlicensed activity. 7 (d) The civil penalty assessed under this Act shall be 8 paid within 60 days after the effective date of the order 9 imposing the civil penalty. The order shall constitute a 10 judgment and may be filed and execution had on the judgment 11 in the same manner as a judgment from a court of record. 12 Section 225. Deposit of moneys. All moneys collected by 13 the Department under this Act shall be deposited into the 14 General Professions Dedicated Fund in the State Treasury and 15 shall be used for administration of this Act. 16 Section 230. Home rule powers. The regulation and 17 licensing of perfusionists are exclusive powers and functions 18 of the State. A home rule unit shall not regulate or 19 license perfusionists. This Section is a limitation under 20 subsection (h) of Section 6 of Article VII of the Illinois 21 Constitution. 22 Section 950. The Regulatory Sunset Act is amended by 23 adding Section 4.20 as follows: 24 (5 ILCS 80/4.20 new) 25 Sec. 4.20. Act repealed on January 1, 2010. The 26 following Act is repealed on January 1, 2010: 27 The Perfusionist Practice Act. SB124 Enrolled -26- LRB9102224ACdv 1 Section 999. Effective date. This Act takes effect 2 January 1, 2000.