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91_SB0124eng SB124 Engrossed 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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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. 22 A person shall be qualified for licensure as a 23 perfusionist if that person: 24 (1) has applied to the Department for licensure in 25 accordance with this Section; 26 (2) has not violated a provision of Section 110 of 27 this Act; in addition the Department may take into 28 consideration any felony conviction of the applicant, but 29 a conviction shall not operate as an absolute bar to 30 licensure; and 31 (3) has successfully completed the examination 32 provided by the American Board of Cardiovascular 33 Perfusion (ABCP) or its successor agency or a SB124 Engrossed -6- LRB9102224ACdv 1 substantially equivalent examination approved by the 2 Department; 3 (4) has met the requirements for certification set 4 forth by the American Board of Cardiovascular Perfusion 5 or its successor agency; and 6 (5) has graduated from a school accredited by the 7 Commission on the Accreditation of Allied Health 8 Education Programs (CAAHEP) or a similar accrediting body 9 approved by the Department. 10 Section 40. Practice prohibited. No person may use the 11 title and designation of a "Licensed Perfusionist", 12 "Certified Perfusionist", "Certified Clinical Perfusionist", 13 "Perfusionist", or "CCP", either directly or indirectly, in 14 connection with his or her profession or business, unless he 15 or she has been issued a valid, existing license as a 16 perfusionist under this Act. 17 No person may practice, offer to practice, attempt to 18 practice, or hold himself or herself out to practice as a 19 licensed perfusionist without being licensed under this Act. 20 This does not mean that all of the aspects of practice listed 21 in Sections 10 and 50 of this Act are practices or skills 22 only a perfusionist can perform. Other licensed or certified 23 persons may, if qualified, be allowed to perform some or all 24 of these practices. 25 Section 45. Application of Act. This Act shall not be 26 construed to prohibit the following: 27 (1) a person licensed in this State under any other Act 28 from engaging in the practice for which he or she is 29 licensed; 30 (2) a student enrolled in an accredited perfusion 31 education program from performing perfusion services if 32 perfusion services performed by the student: SB124 Engrossed -7- LRB9102224ACdv 1 (A) are an integral part of the student's course of 2 study; and 3 (B) are performed under the direct supervision of a 4 licensed perfusionist who is assigned to supervise the 5 student and who is on duty and immediately available in 6 the assigned patient care area; 7 (3) a new graduate from performing perfusion services, 8 if perfusion services performed by the new graduate 9 perfusionist: 10 (A) are necessary to fulfill the eligibility 11 requirements for the ABCP certification examination 12 required under subsection (3) of Section 30; and 13 (B) are performed under the direct supervision and 14 responsibility of a licensed perfusionist who is assigned 15 to supervise the graduate perfusionist and who is on duty 16 and immediately available in the assigned patient care 17 area; 18 (4) any legally qualified perfusionist employed by the 19 United States government from engaging in the practice of 20 perfusion while in the discharge of his or her official 21 duties; or 22 (5) one or more licensed perfusionists from forming a 23 professional service corporation in accordance with the 24 Professional Service Corporation Act. 25 Section 50. Scope of practice. The scope of practice as 26 a clinical perfusionist includes the following functions: 27 (1) the use of extracorporeal circulation, 28 long-term cardiopulmonary support techniques, including 29 extracorporeal carbon dioxide removal and extracorporeal 30 membrane oxygenation, and associated therapeutic and 31 diagnostic techniques; 32 (2) counterpulsation, ventricular assistance, 33 autotransfusion, blood conservation techniques, SB124 Engrossed -8- LRB9102224ACdv 1 myocardial and organ preservation, extracorporeal life 2 support, and isolated limb perfusion; 3 (3) blood management techniques, advanced life 4 support, and other related functions; and 5 (4) in the performance of the acts described in 6 items (1) through (3) of this Section: 7 (A) the administration of (i) pharmacological 8 and therapeutic agents and (ii) blood products or 9 anesthetic agents through the extracorporeal circuit 10 or through an intravenous line in conjunction with 11 extracorporeal support, as ordered by and under the 12 direct supervision of a physician licensed to 13 practice medicine in all its branches; 14 (B) the performance and use of (i) 15 anticoagulation monitoring and analysis, (ii) 16 physiologic monitoring and analysis, (iii) blood gas 17 and chemistry monitoring and analysis, (iv) 18 hematologic monitoring and analysis, (v) 19 hypothermia, (vi) hyperthermia, (vii) 20 hemoconcentration and hemodilution, and (viii) 21 cardiopulmonary hemodialysis; and 22 (C) the observation of signs and symptoms 23 related to perfusion services, the determination of 24 whether the signs and symptoms exhibit abnormal 25 characteristics, and the implementation of 26 appropriate reporting, perfusion protocols or 27 changes in or the initiation of emergency 28 procedures. 29 Section 60. Display of license; change of address. 30 (a) The Department shall issue a perfusionist license 31 to a person meeting the application and qualification 32 requirements of Section 30 of this Act. However, a person is 33 eligible for one year from the effective date of this Act to SB124 Engrossed -9- LRB9102224ACdv 1 make application to the Board and receives a license 2 notwithstanding the requirements of Section 30 of this Act if 3 the person is actively engaged in the practice of perfusion 4 consistent with applicable law and if the person has at least 5 5 years experience operating cardiopulmonary bypass systems 6 during cardiac surgical cases in a licensed health care 7 facility as the person's primary function between January 1, 8 1991 and the effective date of this Act. 9 (b) A licensee shall maintain on file at all times 10 during which the licensee provides services in a health care 11 facility a true and correct copy of the license certificate 12 in the appropriate records of the facility. 13 Section 65. Licensure by endorsement. The Department 14 may, in its discretion, license as a perfusionist, without 15 examination and on payment of the required fee, an applicant 16 who (1) is licensed as a perfusionist under the laws of 17 another state, territory, or country, if the requirements for 18 licensure in that state, territory, or country in which the 19 applicant was licensed were, at the date of his or her 20 licensure, substantially equal to the requirements in force 21 in this State on that date or (2) holds a current certificate 22 as a certified clinical perfusionist issued by the American 23 Board of Cardiovascular Perfusion (ABCP), or its successor 24 organization, prior to January 1, 1999. 25 Section 70. Renewal, reinstatement or restoration of 26 license; continuing education; military service. The 27 expiration date and renewal period for each license issued 28 under this Act shall be set by the Department by rule. 29 Renewal shall be conditioned on paying the required fee and 30 meeting other requirements as may be established by rule. 31 A licensee who has permitted his or her license to 32 expire or who has had his or her license on inactive SB124 Engrossed -10- LRB9102224ACdv 1 status may have the license restored by making 2 application to the Department, by filing proof acceptable to 3 the Department of his or her fitness to have the license 4 restored, and by paying the required fees. Proof of fitness 5 may include sworn evidence certifying to active lawful 6 practice in another jurisdiction. 7 If the licensee has not maintained an active practice 8 in another jurisdiction satisfactory to the Department, 9 the Department shall determine, by an evaluation program 10 established by rule, his or her fitness for 11 restoration of the license and shall establish procedures and 12 requirements for restoration. However, a licensee whose 13 license expired while he or she was (1) in federal 14 service on active duty with the Armed Forces of the United 15 States or the State Militia called into service or 16 training or (2) in training or education under the 17 supervision of the United States before induction into 18 the military service, may have the license restored without 19 paying any lapsed renewal fees if within 2 years after 20 honorable termination of the service, training, or 21 education he or she furnishes the Department with 22 satisfactory evidence to the effect that he or she has 23 been so engaged and that his or her service, training, or 24 education has been so terminated. 25 Section 80. Inactive status. A licensee who notifies 26 the Department in writing on forms prescribed by the 27 Department may elect to place his or her license on an 28 inactive status and shall, subject to rules of the 29 Department, be excused from payment of renewal fees until he 30 or she notifies the Department in writing of his or her 31 intention to restore the license. A licensee requesting 32 restoration from inactive status shall pay the current 33 renewal fee and shall restore his or her license in SB124 Engrossed -11- LRB9102224ACdv 1 accordance with Section 70 of this Act. A licensee whose 2 license is on inactive status shall not practice as a 3 perfusionist in this State. A licensee who engages in 4 practice as a perfusionist while his or her license is lapsed 5 or on inactive status shall be considered to be practicing 6 without a license, which shall be grounds for discipline 7 under Section 105 of this Act. 8 Section 90. Fees; returned checks. 9 (a) The Department shall set by rule fees for the 10 administration of this Act, including but not limited to fees 11 for initial and renewal licensure and restoration of a 12 license. 13 (b) A person who delivers a check or other payment to 14 the Department that is returned to the Department unpaid by 15 the financial institution upon which it is drawn shall pay to 16 the Department, in addition to the amount already owed to the 17 Department, a fine of $50. If the check or other payment was 18 for a renewal or issuance fee and that person practices 19 without paying the renewal fee or issuance fee and the fine 20 due, an additional fine of $100 shall be imposed. The fines 21 imposed by this Section are in addition to any other 22 discipline provided under this Act for unlicensed practice or 23 practice on a nonrenewed license. The Department shall 24 notify the person that fees and fines shall be paid to the 25 Department by certified check or money order within 30 26 calendar days of the notification. If, after the expiration 27 of 30 days from the date of the notification, the person has 28 failed to submit the necessary remittance, the Department 29 shall automatically terminate the license or deny the 30 application without a hearing. If the person seeks a license 31 after termination or denial, he or she shall apply to the 32 Department for restoration or issuance of the license and 33 pay all fees and fines due to the Department. The Department SB124 Engrossed -12- LRB9102224ACdv 1 may establish a fee for the processing of an application for 2 restoration of a license to defray the expenses of processing 3 the application. The Director may waive the fines due under 4 this Section in individual cases if the Director finds that 5 the fines would be unreasonable or unnecessarily burdensome. 6 Section 95. Roster. The Department shall maintain a 7 roster of the names and addresses of all licensees and of all 8 persons whose licenses have been disciplined. This roster 9 shall be available upon written request and payment of the 10 required fee. 11 Section 100. Unlicensed practice; civil penalty. A 12 person who practices, offers to practice, attempts to 13 practice, or holds himself or herself out to practice as a 14 licensed perfusionist without being licensed under this Act 15 shall, in addition to any other penalty provided by law, pay 16 a civil penalty to the Department in an amount not to exceed 17 $5,000 for each offense as determined by the Department. The 18 civil penalty shall be assessed by the Department after a 19 hearing is held in accordance with the provisions set forth 20 in this Act regarding the provision of a hearing for the 21 discipline of a licensee. 22 Section 105. Grounds for disciplinary action. 23 (a) The Department may refuse to issue, renew, or 24 restore a license, may revoke or suspend a license, or may 25 place on probation, censure, reprimand, or take other 26 disciplinary action with regard to a person licensed under 27 this Act, including but not limited to the imposition of 28 fines not to exceed $5,000 for each violation, for any one or 29 combination of the following causes: 30 (1) Making a material misstatement in furnishing 31 information to the Department. SB124 Engrossed -13- LRB9102224ACdv 1 (2) Violating a provision of this Act or its rules. 2 (3) Conviction under the laws of a United States 3 jurisdiction of a crime that is a felony or a 4 misdemeanor, an essential element of which is dishonesty, 5 or of a crime that is directly related to the practice as 6 a perfusionist. 7 (4) Making a misrepresentation for the purpose of 8 obtaining, renewing, or restoring a license. 9 (5) Wilfully aiding or assisting another person in 10 violating a provision of this Act or its rules. 11 (6) Failing to provide information within 60 days 12 in response to a written request made by the Department. 13 (7) Engaging in dishonorable, unethical, or 14 unprofessional conduct of a character likely to deceive, 15 defraud, or harm the public, as defined by rule of the 16 Department. 17 (8) Discipline by another United States 18 jurisdiction or foreign nation, if at least one of the 19 grounds for discipline is the same or substantially 20 equivalent to those set forth in this Section. 21 (9) Directly or indirectly giving to or receiving 22 from a person, firm, corporation, partnership, or 23 association a fee, commission, rebate, or other form of 24 compensation for professional services not actually or 25 personally rendered. 26 (10) A finding by the Board that the licensee, 27 after having his or her license placed on probationary 28 status, has violated the terms of probation. 29 (11) Wilfully making or filing false records or 30 reports in his or her practice, including but not limited 31 to false records or reports filed with State agencies. 32 (12) Wilfully making or signing a false statement, 33 certificate, or affidavit to induce payment. 34 (13) Wilfully failing to report an instance of SB124 Engrossed -14- LRB9102224ACdv 1 suspected child abuse or neglect as required under the 2 Abused and Neglected Child Reporting Act. 3 (14) Being named as a perpetrator in an indicated 4 report by the Department of Children and Family Services 5 under the Abused and Neglected Child Reporting Act and 6 upon proof by clear and convincing evidence that the 7 licensee has caused a child to be an abused child or 8 neglected child as defined in the Abused and Neglected 9 Child Reporting Act. 10 (15) Employment of fraud, deception, or any 11 unlawful means in applying for or securing a license as a 12 perfusionist. 13 (16) Allowing another person to use his or her 14 license to practice. 15 (17) Failure to report to the Department (A) any 16 adverse final action taken against the licensee by 17 another licensing jurisdiction, government agency, law 18 enforcement agency, or any court or (B) liability for 19 conduct that would constitute grounds for action as set 20 forth in this Section. 21 (18) Habitual intoxication or addiction to the use 22 of drugs. 23 (19) Physical illness, including but not limited to 24 deterioration through the aging process or loss of motor 25 skills, which results in the inability to practice the 26 profession for which he or she is licensed with 27 reasonable judgment, skill, or safety. 28 (20) Gross malpractice resulting in permanent 29 injury or death of a patient. 30 (21) Immoral conduct in the commission of an act 31 related to the licensee's practice, including but not 32 limited to sexual abuse, sexual misconduct, or sexual 33 exploitation. 34 (22) Violation of the Health Care Worker SB124 Engrossed -15- LRB9102224ACdv 1 Self-Referral Act. 2 (b) The Department may refuse to issue or may suspend 3 the license of a person who fails to file a return, to pay 4 the tax, penalty, or interest shown in a filed return, or to 5 pay a final assessment of the tax, penalty, or interest as 6 required by a tax Act administered by the Department of 7 Revenue, until the requirements of the tax Act are satisfied. 8 (c) The determination by a circuit court that a licensee 9 is subject to involuntary admission or judicial admission as 10 provided in the Mental Health and Developmental Disabilities 11 Code operates as an automatic suspension. The suspension will 12 end only upon (1) a finding by a court that the patient is no 13 longer subject to involuntary admission or judicial 14 admission, (2) issuance of an order so finding and 15 discharging the patient, and (3) the recommendation of the 16 Disciplinary Board to the Director that the licensee be 17 allowed to resume his or her practice. 18 Section 110. Injunctions; criminal offenses; cease and 19 desist order. 20 (a) If any person violates the provisions of this Act, 21 the Director may, in the name of the People of the State of 22 Illinois, through the Attorney General of the State of 23 Illinois or the State's Attorney for any county in which the 24 action is brought, petition for an order enjoining the 25 violation or for an order enforcing compliance with this Act. 26 Upon the filing of a verified petition in court, the court 27 may issue a temporary restraining order, without notice or 28 condition, and may preliminarily and permanently enjoin the 29 violation. If it is established that the person has violated 30 or is violating the injunction, the Court may punish the 31 offender for contempt of court. Proceedings under this 32 Section shall be in addition to, and not in lieu of, all 33 other remedies and penalties provided by this Act. SB124 Engrossed -16- LRB9102224ACdv 1 (b) Whenever in the opinion of the Department a person 2 violates a provision of this Act, the Department may issue a 3 rule to show cause why an order to cease and desist should 4 not be entered against that person. The rule shall clearly 5 set forth the grounds relied upon by the Department and shall 6 allow at least 7 days from the date of the rule to file an 7 answer to the satisfaction of the Department. Failure to 8 answer to the satisfaction of the Department shall cause an 9 order to cease and desist to be issued immediately. 10 (c) Other than as provided in Section 45 of this Act, if 11 any person practices as a perfusionist or holds himself or 12 herself out as a licensed perfusionist under this Act without 13 being issued a valid existing license by the Department, 14 then any licensed perfusionist, any interested party, or any 15 person injured thereby may, in addition to the Director, 16 petition for relief as provided in subsection (a) of this 17 Section. 18 Section 115. Cease and desist order. 19 (a) If a person violates a provision of this Act, the 20 Director, in the name of the People of the State of Illinois 21 through the Attorney General of the State of Illinois, or the 22 State's Attorney of a county in which the violation occurs, 23 may petition for an order enjoining the violation or for an 24 order enforcing compliance with this Act. Upon the filing of 25 a verified petition in court, the court may issue a temporary 26 restraining order without notice or bond and may 27 preliminarily and permanently enjoin the violation. If it is 28 established that the licensee has violated or is violating 29 the injunction, the court may punish the offender for 30 contempt of court. Proceedings under this Section shall be 31 in addition to, and not in lieu of, all other remedies and 32 penalties provided by this Act. 33 (b) If a person practices as a perfusionist or holds SB124 Engrossed -17- LRB9102224ACdv 1 himself or herself out as a perfusionist without being 2 licensed under this Act, then any licensee under this Act, 3 interested party, or person injured thereby, in addition to 4 the Director or State's Attorney, may petition for relief as 5 provided in subsection (a) of this Section. 6 (c) If the Department determines that a person violated 7 a provision of this Act, the Department may issue a rule to 8 show cause why an order to cease and desist should not be 9 entered against him or her. The rule shall clearly set forth 10 the grounds relied upon by the Department and shall provide a 11 period of 7 days from the date of the rule to file an answer 12 to the satisfaction of the Department. Failure to answer to 13 the satisfaction of the Department shall cause an order to 14 cease and desist to be issued immediately. 15 Section 120. Investigation; notice; hearing. Licenses 16 may be refused, revoked, suspended, or otherwise disciplined 17 in the manner provided by this Act and not otherwise. The 18 Department may upon its own motion and shall upon the 19 verified complaint in writing of any person setting forth 20 facts that if proven would constitute grounds for refusal to 21 issue or for suspension or revocation under this Act, 22 investigate the actions of a person applying for, holding, or 23 claiming to hold a license. The Department shall, before 24 refusing to issue or renew, suspending, or revoking a license 25 or taking other discipline pursuant to Section 105 of this 26 Act, and at least 30 days prior to the date set for the 27 hearing, notify in writing the applicant or licensee of any 28 charges made, shall afford the applicant or licensee an 29 opportunity to be heard in person or by counsel in reference 30 to the charges, and direct the applicant or licensee to file 31 a written answer to the Department under oath within 20 days 32 after the service of the notice and inform the applicant or 33 licensee that failure to file an answer will result in SB124 Engrossed -18- LRB9102224ACdv 1 default being taken against the applicant or licensee and 2 that the license may be suspended, revoked, placed on 3 probationary status, or other disciplinary action may be 4 taken, including limiting the scope, nature, or extent of 5 practice, as the Director may deem proper. Written notice 6 may be served by personal delivery to the applicant or 7 licensee or by mailing the notice by certified mail to his or 8 her last known place of residence or to the place of business 9 last specified by the applicant or licensee in his or her 10 last notification to the Department. If the person fails to 11 file an answer after receiving notice, his or her license 12 may, in the discretion of the Department, be suspended, 13 revoked, or placed on probationary status or the Department 14 may take whatever disciplinary action deemed proper, 15 including limiting the scope, nature, or extent of the 16 person's practice or the imposition of a fine, without a 17 hearing, if the act or acts charged constitute sufficient 18 grounds for such action under this Act. At the time and 19 place fixed in the notice, the Department shall proceed to a 20 hearing of the charges and both the applicant or licensee and 21 the complainant shall be afforded ample opportunity to 22 present, in person or by counsel, any statements, testimony, 23 evidence, and arguments that may be pertinent to the charges 24 or to their defense. The Department may continue a hearing 25 from time to time. If the Board is not sitting at the time 26 and place fixed in the notice or at the time and place to 27 which the hearing shall have been continued, the Department 28 may continue the hearing for a period not to exceed 30 days. 29 Section 125. Record of proceedings. The Department, at 30 its expense, shall preserve a record of all proceedings at a 31 formal hearing conducted pursuant to Section 120 of this Act. 32 The notice of hearing, complaint, and all other documents in 33 the nature of pleadings and written motions filed in the SB124 Engrossed -19- LRB9102224ACdv 1 proceedings, the transcript of testimony, the report of the 2 Board or hearing officer, and orders of the Department shall 3 be the record of the proceeding. The Department shall supply 4 a transcript of the record to a person interested in the 5 hearing on payment of the fee required under Section 60f of 6 the Civil Administrative Code of Illinois. 7 Section 130. Order for production of documents. A 8 circuit court may, upon application of the Department or its 9 designee, or of the applicant or licensee against whom 10 proceedings pursuant to Section 120 of this Act are pending, 11 enter an order requiring the attendance of witnesses and 12 their testimony and the production of documents, papers, 13 files, books, and records in connection with a hearing or 14 investigation authorized by this Act. The court may compel 15 obedience to its order through contempt proceedings. 16 Section 140. Subpoena; oaths. The Department has the 17 power to subpoena and bring before it any person in this 18 State and to take testimony orally or by deposition, with the 19 same fees and mileage and in the same manner as prescribed by 20 law in judicial proceedings in civil cases in circuit courts 21 of this State. The Director and any Disciplinary Board member 22 designated by the Director shall each have the authority to 23 administer, at any hearing that the Department is authorized 24 to conduct under this Act, oaths to witnesses and any other 25 oaths authorized to be administered by the Department under 26 this Act. 27 Section 145. Findings of fact. At the conclusion of the 28 hearing, the Board shall present to the Director a written 29 report of its findings of fact, conclusions of law, and 30 recommendations. In the report, the Board shall make a 31 finding of whether or not the charged licensee or applicant SB124 Engrossed -20- LRB9102224ACdv 1 violated a provision of this Act or its rules and shall 2 specify the nature of the violation. In making its 3 recommendations for discipline, the Board may take into 4 consideration all facts and circumstances bearing upon the 5 reasonableness of the conduct of the respondent and the 6 potential for future harm to the public, including but not 7 limited to previous discipline of that respondent by the 8 Department, intent, degree of harm to the public and 9 likelihood of harm in the future, any restitution made, and 10 whether the incident or incidents complained of appear to be 11 isolated or a pattern of conduct. In making its 12 recommendations for discipline, the Board shall seek to 13 ensure that the severity of the discipline recommended bears 14 some reasonable relationship to the severity of the 15 violation. 16 Section 150. Service of report; rehearing. In a case 17 involving the refusal to issue or renew a license or the 18 discipline of a licensee, a copy of the Board's report shall 19 be served upon the respondent by the Department, either 20 personally or as provided under Section 120 of this Act for 21 the service of the notice of hearing. Within 20 days after 22 the service, the respondent may present to the Department a 23 motion in writing for a rehearing, which shall specify the 24 particular grounds for a rehearing. If no motion for 25 rehearing is filed, then upon the expiration of the time 26 specified for filing the motion, or if a motion for rehearing 27 is denied, then upon the denial the Director may enter an 28 order in accordance with recommendations of the Board, except 29 as provided in Section 160 or 165 of this Act. If the 30 respondent orders a transcript of the record from the 31 reporting service and pays for the transcript within the time 32 for filing a motion for rehearing, the 20-day period within 33 which such a motion may be filed shall commence upon the SB124 Engrossed -21- LRB9102224ACdv 1 delivery of the transcript to the respondent. 2 Section 160. Order of Director. 3 (a) The Director shall issue an order concerning the 4 disposition of the charges (i) following the expiration of 5 the filing period granted under Section 155 of this Act if no 6 motion for rehearing is filed or (ii) following a denial of a 7 timely motion for rehearing. 8 (b) The Director's order shall be based on the 9 recommendations contained in the Board's report unless, after 10 giving due consideration to the Board's report, the Director 11 disagrees in any regard with the report of the Board, in 12 which case he or she may issue an order in contravention of 13 the report. The Director shall provide a written report to 14 the Board on any deviation from the Board's report and shall 15 specify with particularity the reasons for his or her 16 deviation in the final order. The Board's report and 17 Director's order are not admissible in evidence against the 18 person in a criminal prosecution brought for a violation of 19 this Act, but the hearing, report, and order are not a bar to 20 a criminal prosecution brought for the violation of this Act. 21 Section 170. Hearing officer. Notwithstanding the 22 provisions of Section 120 of this Act, the Director shall 23 have the authority to appoint an attorney licensed to 24 practice law in this State to serve as the hearing officer in 25 a hearing authorized under Section 120 of this Act. The 26 Director shall notify the Board of an appointment. The 27 hearing officer shall have full authority to conduct the 28 hearing. The Board has the right to have at least one member 29 present at a hearing conducted by a hearing officer appointed 30 under this Section. The hearing officer shall report his or 31 her findings of fact, conclusions of law, and recommendations 32 to the Board and the Director. The Board shall have 60 days SB124 Engrossed -22- LRB9102224ACdv 1 from receipt of the report to review the report of the 2 hearing officer and to present its findings of fact, 3 conclusions of law, and recommendations to the Director. If 4 the Board fails to present its report within the 60-day 5 period, the Director shall issue an order based on the report 6 of the hearing officer. If the Director disagrees in any 7 regard with the report of the Board or hearing officer, he or 8 she may issue an order in contravention of the report. The 9 Director shall provide a written explanation to the Board on 10 a deviation from the Board's report and shall specify with 11 particularity the reasons for his or her deviation in the 12 final order. 13 Section 175. Rehearing on order of Director. Whenever the 14 Director is not satisfied that substantial justice has been 15 achieved in the discipline of a licensee, the Director may 16 order a rehearing by the same or another hearing officer or 17 by the Board. 18 Section 180. Order; prima facie proof. An order or a 19 certified copy of an order, over the seal of the Department 20 and purporting to be signed by the Director, shall be prima 21 facie proof that: 22 (1) the signature is the genuine signature of the 23 Director; 24 (2) the Director is duly appointed and qualified; 25 and 26 (3) the Board and its members are qualified to act. 27 Section 185. Restoration of license. At any time after 28 the suspension or revocation of a license, the Department may 29 restore it to the licensee unless, after an investigation and 30 a hearing, the Department determines that restoration is not 31 in the public interest. Where circumstances of suspension or SB124 Engrossed -23- LRB9102224ACdv 1 revocation so indicate, or on the recommendation of the 2 Board, the Department may require an examination of the 3 licensee before restoring his or her license. 4 Section 190. Surrender of license. Upon the revocation or 5 suspension of a license, the licensee shall immediately 6 surrender the license to the Department. If the licensee 7 fails to do so, the Department shall have the right to seize 8 the license. 9 Section 200. Temporary suspension. The Director may 10 temporarily suspend the license of a perfusionist without a 11 hearing, simultaneously with the institution of proceedings 12 for a hearing provided for in Section 120 of this Act, if the 13 Director finds that evidence in his or her possession 14 indicates that continuation in practice would constitute an 15 imminent danger to the public. If the Director temporarily 16 suspends a license without a hearing, a hearing by the 17 Department shall be held within 30 days after the suspension 18 has occurred and shall be concluded without appreciable 19 delay. 20 Section 205. Certificate of record. The Department shall 21 not be required to certify any record to a court or file an 22 answer in court or otherwise appear in a court in a judicial 23 review proceeding unless there is filed in the court, with 24 the complaint, a receipt from the Department acknowledging 25 payment of the costs of furnishing and certifying the record. 26 Failure on the part of the plaintiff to file a receipt in 27 court shall be grounds for dismissal of the action. 28 Section 210. Administrative Review Law. All final 29 administrative decisions of the Department are subject to 30 judicial review under the Administrative Review Law and its SB124 Engrossed -24- LRB9102224ACdv 1 rules. The term "administrative decision" is defined as in 2 Section 3-101 of the Code of Civil Procedure. Proceedings for 3 judicial review shall be commenced in the circuit court of 4 the county in which the party seeking review resides. If the 5 party seeking review is not a resident of this State, venue 6 shall be in Sangamon County. 7 Section 215. Criminal penalties. A person who is found 8 to have knowingly violated Section 10-5 or subsection (a) 9 of Section 220 of this Act is guilty of a Class A misdemeanor 10 for a first offense and is guilty of a Class 4 felony for a 11 second or subsequent offense. 12 Section 220. Unlicensed practice; civil penalties. 13 (a) No person shall practice, offer to practice, attempt 14 to practice, or hold himself or herself out to practice as a 15 perfusionist without a license issued by the Department to 16 that person under this Act. 17 (b) In addition to any other penalty provided by law, a 18 person who violates subsection (a) of this Section shall pay 19 a civil penalty to the Department in an amount not to exceed 20 $5,000 for each offense as determined by the Department. 21 The civil penalty shall be assessed by the Department 22 after a hearing is held in accordance with the provisions 23 set forth in this Act regarding a hearing for the 24 discipline of a licensee. 25 (c) The Department has the authority and power to 26 investigate any and all unlicensed activity. 27 (d) The civil penalty assessed under this Act shall be 28 paid within 60 days after the effective date of the order 29 imposing the civil penalty. The order shall constitute a 30 judgment and may be filed and execution had on the judgment 31 in the same manner as a judgment from a court of record. SB124 Engrossed -25- LRB9102224ACdv 1 Section 225. Deposit of moneys. All moneys collected by 2 the Department under this Act shall be deposited into the 3 General Professions Dedicated Fund in the State Treasury and 4 shall be used for administration of this Act. 5 Section 230. Home rule powers. The regulation and 6 licensing of perfusionists are exclusive powers and functions 7 of the State. A home rule unit shall not regulate or 8 license perfusionists. This Section is a limitation under 9 subsection (h) of Section 6 of Article VII of the Illinois 10 Constitution. 11 Section 950. The Regulatory Sunset Act is amended by 12 adding Section 4.20 as follows: 13 (5 ILCS 80/4.20 new) 14 Sec. 4.20. Act repealed on January 1, 2010. The 15 following Act is repealed on January 1, 2010: 16 The Perfusionist Practice Act. 17 Section 999. Effective date. This Act takes effect 18 January 1, 2000.